Forced disposal: Can you prove your allegations?
The High Court heard a case regarding whether a bank acted in bad faith by forcing a hotel group, it partly owns, to sell valuable premises at below market rate.
Cross-border restructuring and the power of the Courts under the cross-class cram-down
The High Court reviewed a restructuring plan, despite opposition from a creditor. Background: Sino-Ocean Group Holding (SOGH) Ltd. is incorporated in Hong Kong and its shares
Injunction without notice: Ensure it is right in your situation
The High Court dismissed an application for an injunction without notice to prohibit any sale, transfer or disposal of two properties due to the lack of any basis for a legal
Honesty is always the best policy
The High Court was faced with a request to disqualify a director for overstating the turnover of his company in a ‘Bounce Back Loan’ application. Background: The Secretary of
Beneficial interest, trust arrangements and mortgage possession proceedings
The High Court was faced with complex mortgage possession proceedings. Background: Together Commercial Finance Limited (TCFL), a mortgagee, sought a possession order against the
Redress payments made to consumers are tax deductible
The Court of Appeal (CoA) was required to clarify the tax deductibility of consumer redress payments and whether they amounted to a penalty, wherein a deduction is prohibited or is
Too much earth against the side of a wall can amount to a nuisance
The High Court was asked whether a mandatory injunction requiring the hotel to permanently reduce the height of the earth on its side of the wall was justified, or whether damages
Share forfeiture for unpaid debts unrelated to the shares themselves
The High Court ruled on the legality of share forfeiture for unpaid debts owed by a shareholder but unrelated to the shares themselves. Background: This is an appeal against an
The right to buy can be satisfied even by the limited occupation of the property
The Court of Appeal (CoA) gave clarity on what constitutes ‘tenant condition’ in the right to buy (RTB). Background: On 4 November 2002, the Council granted Rabbi Weintraub and
UK courts cannot wind up a Luxembourg-based sub-fund
The High Court was asked whether entities other than companies and associations could be considered ‘unregistered companies’ under Section 220(1) of the Insolvency Act (IA) 1986