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Whose claim is it anyway?
COURT HAS WIDE DISCRETION WHEN ADDING, REMOVING AND SUBSTITUTING PARTIES
Read moreNo Cherry Picking documents by claimants once privilege has been waived
In cases where solicitors are sued by their clients, a common issue to arise is the extent to which the privilege attaching to the solicitor's papers is waived as a result of the Claimant's allegations.
Read moreInsurance broker commissions in the headlines in Hong Kong
Insurance broker commissions in Hong Kong are attracting more attention in Hong Kong than, perhaps, the market would like.
Read moreGranting interim relief in support of foreign proceedings: the expediency test revisited
Will the English courts grant claimants a worldwide freezing order ("WFO") or other interim relief in support of foreign proceedings, even if a defendant has no assets in the jurisdiction?
Read moreUnmeritorious privacy claim dismissed as attempted extortion.
A privacy claim brought by an ex-business associate of Lord Sebastian Coe in relation to an Evening Standard article which published leaked business emails was dismissed on Tuesday by the High Court.
Read moreH&M: Brave New World?
We have all been involved in lease negotiations where there are differences of opinion as to what is or is not institutionally acceptable.
Read moreLeo's "name and shame": The right approach?
The Legal Ombudsman (LEO) was established by the Office for Legal Complaints under the Legal Services Act 2007 to try and simplify the system and make sure consumers have access to an independent expert to resolve complaints.
Read moreLatest climb down – HMRC are not to be on the GAAR Panel
On 7 November 2012, HM Treasury announced that HMRC will not be represented on the General Anti-Abuse Rule (‘GAAR’) Advisory Panel (‘the Panel’).
Read moreDuties of a Project Manager
The recent judgment of HHJ Keyser QC in the TCC in The Trustees of Ampleforth Abbey Trust v Turner & Townsend Project Management Ltd [2012] EWHC 2137 (TCC) provides helpful guidance on the duties of a project manager ...
Read moreDelay claims under NEC3
In order to prove a delay claim under NEC3, a contractor must follow a two step-process to show that (i) a compensation event has occurred; and (ii) that this event caused a delay to the completion of the project.
Read moreEnd of the line for Village Greens?
Nothing can be more frustrating for a developer to see its scheme delayed or worse still derailed by an application for the registration of land as a town or village green ("TVG").
Read moreThe Upper Tribunal dismisses HMRC’s appeal in SDLT sub-sale mitigation case
The Upper Tribunal (Henderson J) has dismissed HMRC’s appeal in HMRC v DV3 RS Limited Partnership [2012] UKUT 399 (TCC), a stamp duty land tax (‘SDLT’) mitigation case involving a sub-sale to a partnership.
Read moreGuardian Care Homes v Barclays Bank PLC – LIBOR manipulation: update
SERIOUSLY ARGUABLE CASE ON LIBOR-FIXING SURVIVES INTERLOCTUTORY STAGE
Read moreTaxpayer wins on purposive interpretation
In recent years, it is usually HMRC pressing the courts to identify the purpose of the legislation and to reject a narrow interpretation of the legislation.
Read moreIllegality – it's a question of proportionality
The recent case of ParkingEye v Somerfield Stores Limited saw the Court of Appeal grapple with the impact of illegality in contracts.
Read moreThe FSA wants further enforcement powers – take note
In submissions to the Parliamentary Commission on Banking Standards (published today), the FSA has made a request for wider enforcement powers, which directors and officers and employees of regulated entities, and their insurers, should take notice of.
Read moreCourt strikes out HMRC’s claim in alleged VAT fraud
In the recent decision of the High Court (Warren J) in the case of Revenue and Customs Comrs v Sunico A/S and ors [2012] All ER (D) 172, which involved a claim brought by HMRC alleging conspiracy to deprive HMRC of VAT through missing trader fraud, the Court ruled that the defendants were entitled to summary judgment and struck out HMRC’s claim.
Read moreLender claim founders – losses "caused" by underlying fraud
Surveyors come out on top. Judgment was recently given inPlatform Funding v Anderson Associates, a civil claim by the mortgage lender for alleged negligence against a valuer arising from a July 2006 mortgage valuation of a single new-build flat.
Read moreCourt quashes HMRC warrants
The recent decision of the Divisional Court (Pitchford LJ and Foskett J) in the case of R (on the application of Anand) v HMRC (unreported) has shed further light on the circumstances in which the Courts will quash search warrants granted to HMRC in the course of a criminal investigation into a taxpayer.
Read moreRights of Light
Rights of light are an easement and are commonly acquired simply by a neighbour having enjoyed the light over a neighbouring building owner’s land for a period of 20 years without interruption.
Read moreTax win puts McLaren in pole position!
The glamorous world of Formula One does not often collide with the more cerebral realm of the First-tier Tribunal (‘FTT’), but this is precisely what happened in McLaren Racing Limited v HMRC [2012] UKFTT 601 (TC).
Read moreWho Knows?
As part of its consultation paper, 'Insurance Contract Law: The Business Insured's Duty of Disclosure and the Law of Warranties', the Law Commission has made some interesting comments on the imputation of knowledge to companies for the purposes of the duty of disclosure under section 18(1) of the Marine Insurance Act 1906.
Read moreIs the UK becoming a tax-haven?
The FT has recently reported (see “Favourable tax draws companies to Britain” - 7 October 2012)
Read moreRestrictive covenants – good paperwork is only part of the solution
It feels that the economic pie continues to shrink. And with that backdrop, most businesses are trying just to hold on to market share.
Read moreSDLT sub-sale arrangement fails on implementation
The First-tier Tribunal (‘FTT’) has recently released its much anticipated decision in Vardy Properties and Vardy Properties (Teeside) Limited v HMRC [2012] UKFTT 564 (TC), an SDLT mitigation case involving a sub-sale of property into a distribution in specie.
Read moreTaxpayer succeeds in employment status case
In Slush Puppie Limited v HMRC [2012] UKFTT 356 (TC), the First-tier Tribunal (‘FTT’) has confirmed the process that it should go through in determining whether a person is employed or self-employment.
Read moreUCIS of death
The FSA’s relentless drive to impose personal responsibility on senior management took another significant step recently...
Read moreUK referred to ECJ over internet privacy
On 30 September 2010 the European Commission announced that it referred the UK to the European Court of Justice for its alleged failure to implement EU laws on the confidentiality of electronic communications such as emails or internet browsing.
Read moreSporting decisions? Promotion, relegation and writing the rules of the game
Two recent rulings demonstrate the need for sports regulators such as the English and Welsh rugby unions to lay down clear and sufficiently comprehensive rules governing their sports that do not restrict competition.
Read moreThe first and final stop for exemplary damages?
Exemplary damages and competition law are not obvious bedfellows.
Read moreTough times, tough talk, tough regulator
At the FSA’s final Enforcement Conference on Monday, Tracy McDermott, the acting director of the FSA’s Enforcement and Financial Crime Division, issued a scathing attack on the financial services industry and gave an indication as to the interventionist future planned for the FSA’s successor, the FCA.
Read moreCable may tie down Goodwin, despite his eluding the FSA’s net; Turner and Sants call for smaller holes
In response to the October 2008 failure of RBS, news reports suggest that Vince Cable MP, Secretary of State for Business, Innovation and Skills, may apply for an order to disqualify Fred Goodwin from being able to hold any future directorship of a UK company.
Read moreIrish court dismisses privacy claim
Ruth Hickey (who is the former partner of David Agnew (according to recent Irish press reports), who in turn is the former husband of Adele King (also known as “Twink”), an Irish entertainer) brought a claim against The Sunday World newspaper in the Irish High Court for (1) breach of her (and her son’s) rights of privacy and (2) libel .
Read moreBinary causation arguments could be turned into percentages as ‘loss of chance’ principle gains judicial support in investment loss case
The High Court recently considered whether it would be appropriate for FOS to make an award on the basis of an investor’s lost opportunity to decide – with the benefit of proper advice – whether or not to enter into a recommended investment scheme.
Read moreKeeping up with competition law reform – don’t rush
In March 2012, the Government confirmed its plans to merge the functions of the OFT and the Competition Commission into a single competition law body, the Competition and Markets Authority.
Read moreOFT gives provisional green light for in-depth review of private motor insurance market
The OFT announced last week its provisional decision to refer the private motor insurance market to the Competition Commission (CC) for in-depth review.
Read moreFSA roars as SFO reveals itself to be a paper tiger
In the same week that the SFO was criticised for its failure to act in two high profile cases and its failure to conduct a single raid in the last financial year, the FSA meted out its largest ever fine for an individual in a non market abuse case.
Read moreBreaching the perimeter – twice could be enough to be ‘by way of business’
The Court of Appeal has held that an individual who accepted deposits on two separate occasions, that were over 18 months apart, may be liable to conviction for carrying on an unauthorised regulated activity, contrary to the general prohibition (s.19 and 23 FSMA 2000).
Read moreCosts against HMRC – the importance of getting your arguments right
There have been a number of cases addressing the powers of the First-tier Tribunal (‘FTT’) in respect of the awarding of costs since the FTT was established in 2009.
Read moreSignificant watering down of anti-avoidance legislation
On 30th July 2012 HMRC released a consultation document entitled “Reform of two anti-avoidance provisions:
Read moreBringing it all back home – Tribunal rejects HMRC’s arguments on remittances
In Pflum v HMRC [2012] UKFTT 365 (TC), the First-tier Tribunal (‘FTT’) has found in favour of the taxpayer in a recent appeal concerning taxation of remittances from overseas under section 26 of the Income Tax (Earnings and Pensions) Act 2003 (‘ITEPA’).
Read moreBehind closed doors: HMRC denied access to Charman papers
In the recent case of HMRC v Charman [2012] EWHC 1448 (Fam), HMRC failed in their bid to obtain documents produced in a high profile divorce case.
Read moreNational Insurance – not just another income tax
From most peoples’ perspective, national insurance is simply income tax by another name.
Read morePlain sailing for taxpayer in judicial review case
Although the recent case of Cameron & others v Revenue and Customs [2012] EWHC 1174 (Admin) related to the narrow area of Foreign Earnings Deduction (‘FED’) for seafarers,...
Read moreCompanies move back in, but lightning won’t strike twice
Against the backdrop of the huge success of the 2012 Olympics, HMRC have received some encouraging news that the extensive reforms introduced to the taxation of the foreign profits of companies over the last five years is starting to bear fruit.
Read moreHMRC's consulation – "Lifting the lid on tax avoidance schemes”
On 23 July 2012 HMRC published a consultation document “Lifting the lid on tax avoidance schemes”.
Read moreBrown v InnovatorOne Plc – good news for advisers involved in tax mitigation structures
A recent judgment of the High Court in Andrew Brown and ors v InnovatorOne plc and Ors [2012] EWHC 1321 (Comm) is welcome news for professional advisers who may have acted for clients involved in the design, implementation or distribution of tax efficient arrangements.
Read moreInformation Commissioner investigates HMRC over whistleblower enquiry
An interesting article appeared in the Guardian newspaper (Thursday 7 June 2012) which reignites previous controversies, which we have commented upon, concerning ‘sweetheart deals’...
Read moreCollateral Warranties – Tips and Pitfalls
Collateral warranties are extremely common in the construction industry.
Read moreA case of interest?
In Garnett Paul Curran v HMRC [2012] UKFTT 517 (TC), the First-tier Tribunal (‘FTT’) has given some helpful guidance on what constitutes interest...
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