Abstract of glass building

Search results

3697 results

Blog

Restrictive covenants – good paperwork is only part of the solution

25 September 2012

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 more
Blog

SDLT sub-sale arrangement fails on implementation

Published on 25 September 2012. By Adam Craggs, Partner

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 more
Blog

Taxpayer succeeds in employment status case

Published on 21 September 2012. By Adam Craggs, Partner

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 more
Blog

UCIS of death

21 September 2012

The FSA’s relentless drive to impose personal responsibility on senior management took another significant step recently...

Read more
Blog

UK referred to ECJ over internet privacy

Published on 21 September 2012. By Keith Mathieson, Partner

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 more
Blog

Sporting decisions? Promotion, relegation and writing the rules of the game

21 September 2012

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 more
Blog

The first and final stop for exemplary damages?

21 September 2012

Exemplary damages and competition law are not obvious bedfellows.

Read more
Blog

Tough times, tough talk, tough regulator

21 September 2012

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 more
Blog

Cable may tie down Goodwin, despite his eluding the FSA’s net; Turner and Sants call for smaller holes

21 September 2012

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 more
Blog

Irish court dismisses privacy claim

Published on 21 September 2012.

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 more
Blog

Binary causation arguments could be turned into percentages as ‘loss of chance’ principle gains judicial support in investment loss case

21 September 2012

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 more
Blog

Keeping up with competition law reform – don’t rush

21 September 2012

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 more
Blog

OFT gives provisional green light for in-depth review of private motor insurance market

21 September 2012

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 more
Blog

FSA roars as SFO reveals itself to be a paper tiger

21 September 2012

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 more
Blog

Breaching the perimeter – twice could be enough to be ‘by way of business’

21 September 2012

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 more
Blog

Costs against HMRC – the importance of getting your arguments right

21 September 2012

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 more
Blog

Significant watering down of anti-avoidance legislation

21 September 2012

On 30th July 2012 HMRC released a consultation document entitled “Reform of two anti-avoidance provisions:

Read more
Blog

Bringing it all back home – Tribunal rejects HMRC’s arguments on remittances

21 September 2012

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 more
Blog

Behind closed doors: HMRC denied access to Charman papers

21 September 2012

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 more
Blog

National Insurance – not just another income tax

21 September 2012

From most peoples’ perspective, national insurance is simply income tax by another name.

Read more
Blog

Plain sailing for taxpayer in judicial review case

21 September 2012

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 more
Blog

Companies move back in, but lightning won’t strike twice

Published on 21 September 2012. By Adam Craggs, Partner

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 more
Blog

HMRC's consulation – "Lifting the lid on tax avoidance schemes”

Published on 21 September 2012. By Adam Craggs, Partner

On 23 July 2012 HMRC published a consultation document “Lifting the lid on tax avoidance schemes”.

Read more
Blog

Brown v InnovatorOne Plc – good news for advisers involved in tax mitigation structures

Published on 21 September 2012. By Adam Craggs, Partner

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 more
Blog

Information Commissioner investigates HMRC over whistleblower enquiry

Published on 21 September 2012. By Adam Craggs, Partner

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 more
Blog

Collateral Warranties – Tips and Pitfalls

21 September 2012

Collateral warranties are extremely common in the construction industry.

Read more
Blog

A case of interest?

Published on 11 September 2012. By Adam Craggs, Partner

In Garnett Paul Curran v HMRC [2012] UKFTT 517 (TC), the First-tier Tribunal (‘FTT’) has given some helpful guidance on what constitutes interest...

Read more
Blog

Claim for overpaid VAT held not to be abusive

Published on 30 August 2012. By Adam Craggs, Partner

In St Martins Medical Services Limited v HMRC [2012] UK FTT 485 (TC), the First-tier Tribunal (‘FTT’) has recently allowed a claim for overpaid VAT made by a taxpayer,...

Read more
Blog

Solicitors not under a duty to ensure that court staff issue in time

Published on 30 August 2012. By Laura Stocks, Senior Associate

This case Page v Hewetts Solicitors caused a stir back in November when the high court held that a claim form was statute barred notwithstanding evidence it had been received by the court in time.

Read more
Blog

Causation key to failure of lender's claim against solicitors

Published on 30 August 2012. By Jonathan Wyles, Legal Director

Causation was the key factor in the failure of a claim brought by mortgage lender Godiva, against its solicitors, Keepers Legal.

Read more
Blog

Prince Harry – has the Sun got it right?

Published on 24 August 2012. By Keith Mathieson, Partner

This blog noted a couple of days ago that clause 3 of the PCC Code requires editors to justify intrusions into an individual’s private life without consent.

Read more
Blog

Counterclaims and Part 36 offers

23 August 2012

Picture the situation, your client is the Defendant in proceedings where it has asserted a large Counterclaim.

Read more
Blog

The danger of sitting on your right to appeal

23 August 2012

Two recent Court of Appeal cases have illustrated that the courts will take a strict approach to unsuccessful litigants who bring appeals out of time.

Read more
Blog

A former editor’s view on the naked Royal

Published on 22 August 2012. By Keith Mathieson, Partner

There’s an interesting view on the naked pictures of Prince Harry from a former tabloid editor.

Read more
Blog

When should open justice be curtailed? Russian oligarchs learn the answer

Published on 07 August 2012. By Simon Hart, Partner

It is an important principle of civil justice that proceedings are ordinarily conducted in public in open Court.

Read more
Blog

Composite transaction fails

Published on 30 July 2012. By Adam Craggs, Partner

In HP Schofield v HMRC [2012] EWCA Civ 927, the Court of Appeal has recently dismissed an appeal made by a taxpayer (the test case for over two hundred appeals) in relation to a tax mitigation strategy designed by PricewaterhouseCoopers (‘PwC’), which was intended to assist the taxpayer in mitigating a capital gain that would otherwise become due.

Read more
Blog

HMRC fails in its attempt to obtain disclosure of privileged documents

Published on 21 July 2012. By Adam Craggs, Partner

The important issue of disclosure of documents in the context of litigation before the First-tier Tribunal (Tax) (‘the FTT’) was recently considered in Peter A D Fisher, Stephen D Fisher and Anne P Fisher v HMRC [2012] UKFTT 335.

Read more
Blog

Two wrongs do not make a right – criminal convictions and stolen data

Published on 19 July 2012. By Adam Craggs, Partner

On Friday 5 July 2012 HMRC announced that a wealthy property developer, who had failed to disclose a Swiss bank account to HMRC during a civil inquiry, had pleaded guilty to the serious charge of cheating the public revenue

Read more
Blog

Beware of "settling" for standard form settlement wording

16 July 2012

The recent decision of the Court of Appeal in the case of Kazeminy v Siddiqi1 highlights the potential pitfalls that await parties who rely on standard form settlement wording to settle complex multi-party disputes.

Read more
Blog

HMRC scores own goal in insolvency ruling regarding the Football League

26 June 2012

In HMRC v The Football League Ltd1 the High Court delivered judgement on the controversial "football creditor rule" operated by The Football League.

Read more
Blog

Solicitors not under a duty to ensure that court staff issue in time

Published on 15 June 2012. By Laura Stocks, Senior Associate

This case Page v Hewetts Solicitors caused a stir back in November when the high court held that a claim form was statute barred notwithstanding evidence it had been received by the court in time.

Read more
Blog

HMRC – Not enough staff and too much uncollected tax

Published on 29 May 2012. By Adam Craggs, Partner

The Public Accounts Committee of the House of Commons (‘the PAC’) has published its 87th report (HC Session 2010-12) on HMRC’s Compliance and Enforcement Programme.

Read more
Blog

MP’s partner loses privacy and harassment case against newspaper publisher

Published on 24 May 2012. By Keith Mathieson, Partner

Carina Trimingham has lost her privacy and harassment case against the publishers of the Daily Mail.

Read more
Blog

A Defendant's Assets - What About Their Pension Fund?

23 May 2012

In the recent case of Blight and others v Brewster1, the High Court allowed a judgment debt to be enforced against part of a defendant's pension fund.

Read more
Blog

What’s really wrong with pictures of the Duchess of Cambridge shopping?

Published on 22 May 2012. By Keith Mathieson, Partner

The celebrity magazine Heat has published the following apology:

Read more
Blog

Eclipse Film Partners No 35 – To trade or not to trade, that is the question!

Published on 15 May 2012. By Adam Craggs, Partner

The First-tier Tribunal (Tax Chamber) ('FTT') has recently held in Eclipse Film Partners No 35 LLP v HMRC [2012] UKFTT 270 (TC),...

Read more
Blog

Retrospective legislation: where are we now?

Published on 09 May 2012. By Adam Craggs, Partner

I commented last year on the important decision in Huitson, in which the Court of Appeal, hearing a joined appeal from two judicial review claims,...

Read more
Blog

Directors & Officers beware - the SFO gets serious

Published on 03 May 2012. By James Wickes, Partner

Following the collapse of various high profile cases and the subsequent inquiry into its practices, change is clearly rife at the Serious Fraud Office.

Read more
Blog

When can you sue under a disguised name?

Published on 03 May 2012. By Keith Mathieson, Partner

In what circumstances can a claimant in civil litigation commence proceedings under a pseudonym?

Read more
Blog

Tax tribunal prevents HMRC from broadening their attack on an SDLT return

Published on 30 April 2012. By Adam Craggs, Partner

The distinction between fixtures (which form part of the land) and chattels (which do not) can have significant consequences for stamp duty land tax ('SDLT') purposes.

Read more