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England and Wales decisions
Decisions matching the current search
The Privy Council allowed a liquidator’s appeal, holding the Court of Appeal should have considered the successful US appeal as a material change in circumstances.
The court found no binding agreement between the parties to backdate Section 52 interest to 10 May 2024. The exercise of discretion under CPR 40.8 and Section 52 requires consideration of justice in the particular case. Due to Evonik’s attempt to withdraw its concession and ongoing uncertainty about quantum, HMRC could not reasonably be expected to pay before 17 February 2025, the date when permission to appeal was refused and quantum was finally determined. Section 52 interest will accrue from 17 February 2025.
Source excerpt
Cobden v Cobden [2024] EWHC 1581 (Ch) (01 July 2024)
High Court partnership dissolution dispute between brothers over a dairy farm, addressing whether a Syers order should let Matthew buy out Daniel instead of an open-market sale.
High Court bankruptcy appeal about whether to annul a bankruptcy order. The court held the district judge applied the right test and dismissed the appeal.
Khan v Singh-Sall & Anor [2022] EWHC 1913 (Ch) (21 July 2022)
High Court appeal against refusal to annul a bankruptcy order dismissed. The judge held section 282(1)(a) is discretionary and no exceptional-circumstances test applies.
C v S [2022] EWHC 800 (Fam) (04 April 2022)
Appeal in a family case about whether to order costs against a mother after findings of misleading and manipulative conduct in child proceedings.
Liddiment & Anor v Hull [2021] EWHC 3418 (Ch) (17 December 2021)
Appeal against a possession order over mortgaged farmland was dismissed. The court held section 36 of the Administration of Justice Act 1970 had been applied correctly.
Valbonne Estates Ltd v Cityvalue Estates Ltd & Anor [2021] EWCA Civ 973 (30 June 2021)
The Court of Appeal dismissed Valbonne’s appeal against discharge of a without-notice injunction, holding that serious non-disclosure justified refusal to re-grant relief.
Ndyabahika v Hitachi Capital UK Plc [2021] EWHC 633 (Ch) (19 March 2021)
High Court appeal against a bankruptcy order was allowed after the judge found the district judge failed to consider material circumstances and the insolvency practice direction.
Global Energy Horizons Corporation v Gray [2021] EWCA Civ 123 (05 February 2021)
The Court of Appeal varied a costs order, holding that GEHC was the clear winner of the enquiry phase and should receive its costs, subject to a limited expert-fee exception.
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