Are you really a member of the company?
The Court of Appeal (CoA) clarified that even if a stock transfer was forged, the company’s register of members is conclusive in determining the identify of its members.
Mortgage accounts cannot always be remedied in court
The High Court dismissed a claim for a mortgage account as there was no genuine dispute underlying the request. Background: Mr. Coutts-Lovie was granted a mortgage in September
Safety first! An ounce of prevention precludes a slew of litigation.
The Court of Appeal (CoA) reviewed a criminal conviction and the correlated fines in a health and safety breach case. While the Court upheld the conviction, it reduced the fine.
Ambiguous signs can result in a right of way being created
The issue in this appeal is whether the owner of a house on a private road has acquired a right of way on foot over part of the road belonging to one of his neighbours.
A venture can result in a partnership by conduct
The Court of Appeal (CoA) upheld the High Court judgement that profit-sharing is not a prerequisite for a partnership. The Court assessed whether the management of investments by
Paddocks are not part of the grounds of the dwelling
The Upper Tribunal (UT) confirmed that a paddock acquired as part of the purchase of a dwelling did not constitute part of the grounds of the dwelling for the purposes of Section
Profit-sharing agreements: Be aware of their terms!
The Court of Appeal (CoA) was asked to consider whether the High Court was wrong to have concluded that a profit-sharing agreement was not engaged. Background: The claimant's
Transfer of property without knowledge
This case focuses on allegations of undue influence in signing a declaration of trust, forgery in buying a property, and property ownership issues. Background: Mr. Cissé
Sell-side deal fees are not deductible
The Supreme Court upheld the Court of Appeal’s (CoA) decision clarifying that fees incurred after the decision to sell a subsidiary were ‘expenses of a capital nature’ and could
Is a floating caravan still a mobile home?
The Court of Appeal (CoA) was faced with the question as to whether a caravan stationed on a pontoon structure turning it into a houseboat is covered under the auspices of the