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Tribunal quashes HMRC's decision to require security from the taxpayer
In Half Penny Accountants Ltd v HMRC [2016] UKFTT 45 (TC), the First-tier Tribunal (FTT) allowed the taxpayer's appeal and quashed HMRC's decision to require security from the taxpayer.
Read moreGroup litigation in medical and life sciences
Dorothy Flower talks about the impact of the "nocebo" effect on group litigation in the UK.
Read moreChanges to data protection regulation – what could it mean for you?
The new General Data Protection Regulation fundamentally rewrites the way data processing happens across the EU. Hear more from Olly Bray.
Read moreSupreme Court hurts employers on vicarious liability
Cox v Ministry of Justice (2016) and AM Mohamud v WM Morrison Supermarkets plc (2016)
Read moreUrban Land Institute publishes Second Edition of acclaimed Build to Rent Guide
Last week the Urban Land Institute published a Second Edition of its acclaimed Build to Rent Guide - hailed by some in the market as a "Bible" for the PRS industry.
Read moreIt's the little things - marginal gains for achieving maximum success
Marginal gains in sport. Nothing new in 2016 perhaps, but it was revolutionary back in 1998 when the British men's rowing eight set out to improve on a dismal run of performances with a goal to win gold at the Sydney Olympics in 2000.
Read moreIt's the little things – marginal gains for achieving maximum success
Marginal gains in sport. Nothing new in 2016 perhaps, but it was revolutionary back in 1998 when the British men's rowing eight set out to improve on a dismal run of performances with a goal to win gold at the Sydney Olympics in 2000.
Read moreClarifying block notification feels ripples
Judgment in this case was handed down at the beginning of February 2016.
Read moreCMC fees: money for nothing?
Do regulated Claims Management Companies charge too much in fees for consumers making financial services claims? The Ministry of Justice wants your views.
Read moreThe Insurance Act – what are the five biggest changes to the current law?
James Wickes – a partner in our Insurance Group – tells us why it's very much in vogue to be an insurance lawyer these days.
Read moreHealth and safety law update
HSE to prosecute Merlin Attractions Operation Ltd over Alton Towers “Smiler” incident
Read moreFCA may not be value for money, says NAO
The National Audit Office has reported its findings on the roles and effectiveness of the FCA, FOS and the FSCS in the management of mis-selling cases.
Read moreTime lost may never be found again
The decision in Medhi Khosravi v British American Tobacco plc [2016] EWHC 123 (QB) provides a useful reminder that it can be a risky strategy to seek extensions of time for service of a claim which has already been issued. Such extensions should not be granted lightly, and might be set aside at a later date.
Read moreDiscovery Assessments and the 'hypothetical officer'
The following is taken from an article originally published in Tax Journal on 26 February 2016.
Read moreComic Enterprises feel gleeful after CofA upholds trade mark infringement
This recent hearing is the latest instalment in the "Glee" trade mark dispute between Comic Enterprises and Twentieth Century Fox.
Read moreBrexit - five key points all top GCs and in-house lawyers should consider
So the date is set and David Cameron, George Osborne and Teresa May are fronting one team in the "Euro - vision song and dance competition" with Boris Johnson and Michael Gove leading the other one.
Read moreDown in Flame(s)
What is the value of money? In a recent Commercial Court decision, it was held that the right to redirect the payment of money (or to give it away) is as valuable as the right to have the money paid into one's own bank account.
Read moreA liability perspective: what would Brexit mean for financial advisers?
You cannot pick up a paper or check the news without seeing some reference to Brexit and the case for either staying in or leaving the Euro zone.
Read moreHMRC escapes strike out notwithstanding its unreasonable behaviour in failing to comply with directions issued by the Tribunal
In the recent case of PGPH Limited v HMRC [2016] UKFTT 46 (TC), the First-tier Tribunal (FTT) declined to exercise its powers under Rule 8 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 (the Rules), to strike out HMRC's case following HMRC's failure properly to comply with a direction issued by the FTT.
Read moreA (bright) green light for predictive coding in English litigation
A recent interlocutory judgment in Pyrrho Investments Limited & Anr -v- MWB Property Limited & Ors [2016] EWHC 256 (Ch) endorses, for the first time, the use of predictive coding when conducting disclosure in English civil proceedings.
Read moreCourt of Appeal considers "agreements to agree"
The Court of Appeal has addressed a number of issues typically encountered in disputes relating to the sale of goods in Hughes v Pendragon.
Read moreUnder-settlements – what factors does the Court take into account
In Dunhill v W Brook and Co and Crossley a damages claim was brought against solicitors and counsel for under-settling a personal injury claim.
Read moreAdviser due diligence thematic review report short and not to the point
There's an irony in a report on due diligence being, in effect, just 2 pages long. The FCA's thematic review report today tells us more by what it doesn't say. What might DD stand for?
Read moreOne man's loss is another man's gain: choice of law rules for unjust enrichment claims
In a recent case,[1] the English Commercial Court has determined that a claim in restitution based on unjust enrichment was governed by English law pursuant to EU Regulation 864/2007 (Rome II) and not the law of Geneva.
Read moreTerraLex Cross-Border Copyright Guide 2016
We are delighted to present our Cross-Border Copyright Guide 2016.
Read moreHigh Court dismisses judicial review challenge to HMRC's decision to restrict the availability of the Liechtenstein disclosure facility
In R (on the application of City Shoes Wholesale Ltd) v Revenue & Customs Commissioners [2016] EWHC 107 (Admin), the High Court rejected an application for judicial review of HMRC's refusal to grant the nine claimants, all of whom had operated employee benefit trusts (EBTs), the full benefits of the Liechtenstein disclosure facility (LDF).
Read moreTake priority but be reasonable
On 20 January 2016, Mr Justice Edwards-Stuart handed down his judgment on preliminary issues in Commercial Management (Investments) Limited v (1) Mitchell Design and Construct Limited, and (2) Regorco Limited1
Read moreLet's call it quits: Cruise ships, capital losses and mitigation
In its recent judgment in Fulton Shipping Inc of Panama –v- Globalia Business Travel SAU the Court of Appeal considered a short, but important, point of law in relation to the calculation of damages in English law.
Read moreAt last – the long-awaited price drop in Hong Kong's residential properties?
As with many of the developed cities in the world, Hong Kong faces the phenomenon of a soaring residential property market.
Read moreSolicitors can owe a limited duty of care to third parties
In Caliendo v Mischon de Reya, the Court found that a firm of solicitors had not been retained, either expressly or impliedly, to represent the majority shareholders in respect of the sale of their shareholding in a football club.
Read moreHill marches up and down again - MiFID II delayed
Last week, it was confirmed that MiFID II will be delayed for another year.
Read more'Disproportionate' disclosure application denied in swaps mis-selling claim
In Claverton Holdings Ltd v Barclays Bank plc, the Commercial Court rejected an application by the claimant for specific disclosure against the defendant bank.
Read moreThe end of the low cost insurance scheme?
The Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) have taken disciplinary action against Mr Shay Reches, the firms Coverall and Millburn, and four other related individuals in relation to solicitors' professional indemnity insurance and other insurance scheme failures.
Read moreThe FCA and Upper Tribunal
The FCA's 'further decision notice' on Mr Tariq Carrimjee (senior partner and CEO of Somerset Asset Management) revealed that, the regulator has taken on board the Tribunal's view that banning Mr Carrimjee from all regulated activity would be 'irrational and disproportionate', and it has instead decided to prohibit him from performing compliance oversight (CF10) and money laundering reporting functions (CF11).
Read moreSolvency II: concerns raised by UK Treasury and Bank of England
In only its second month after implementation, the effects of Solvency II have already been called into question by the UK Treasury and the Bank of England, due to its potential impact on long-term investment and the competitiveness of the EEA insurers.
Read moreKeep your word! Hong Kong Court enforces indemnity for delivery of cargo without original bills
Shipowners are well aware of the perils of releasing cargo without production of an original bill of lading. In particular, they are likely to lose P&I cover in the event of a misdelivery claim.
Read moreTribunal grants 'disclosure' application against HMRC
The recent case of Tower Bridge GP Ltd v HMRC [2016] UKFTT 054 (TC) concerned applications by Tower Bridge GP Limited (Tower Bridge) and HMRC to the First-tier Tribunal (FTT) for disclosure of information and documents from each other, pursuant to Rule 5 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 (the Tribunal Rules).
Read moreNEC must extend culture and spirit to lawyers to end curse of the Z Clause
In the NEC Users' Group Newsletter (No.75 November 2015), Rudi Klein – in his article, "Revisiting the curse of the Z clause" (page 2) – remarks that, "Unfortunately, through the 'loophole' of option Z, far too many NEC contracts are amended beyond recognition and fail to deliver as they should".
Read moreLitigants in person – approach with caution?
The increase in recent years of the number of litigants in person (LiPs) is largely due to the impact of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (the Act), which came into force on 1 April 2013.
Read moreAutomation isn't the end
There is something almost apocalyptic about the idea that technology will spell “the end of lawyers”, so it is comforting that research suggests that the near future will be more about the automation of activities than the replacement of entire professions.
Read moreEmployment update, December 2015
Implied terms: when can a term be implied into a contract?
Read moreEC's 2015 comms on copyright– appetiser to 2016's main course
As part of its Digital Single Market Strategy the European Commission released a Communication entitled "Towards a modern, more European copyright framework" on 9 December 2015.
Read moreStandstills, FOS and time limits
FOS applies its own time limits when considering complaints.
Read moreResolving mistakes in trust deeds and wills – a new, cheaper and quicker approach?
Claims are often made against professionals arising out of errors in trust deeds and wills.
Read moreDon't leave me this way: SRA to split from the Law Society?
From almost a standing start around ten years ago, solicitors are now among the most regulated professionals in the UK.
Read moreStand and deliver: what documents must a solicitor deliver up to its client when asked for 'the file'?
Most compliance managers or complaints partners will experience that sinking feeling when yet another file request lands on their desks, often with the distinct aroma of a 'fishing expedition'.
Read moreTribunal allows taxpayer's appeal and confirms he was carrying on a trade on a commercial basis
In Akhtar Ali v HMRC [2016] UKFTT 8 (TC), the First-tier Tribunal (FTT), in allowing the taxpayer's appeal, has provided some helpful guidance on the factors to be taken into consideration when deciding whether activities comprise a trade which is commercial, for the purposes of section 66, Income Tax Act 2007 (ITA).
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