BAILII: Recent Decisions

Posted May 26th, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Bashir & Ors, R (On the Application Of) v Secretary of State for the Home Department [2017] EWCA Civ 397 (25 May 2017)

Hancock & Anor v Revenue & Customs [2017] EWCA Civ 198 (25 May 2017)

Newby Foods Ltd, R (On the Application Of) v Food Standards Agency [2017] EWCA Civ 400 (25 May 2017)

Persimmon Homes Ltd v Ove Arup & Partners Ltd & Anor [2017] EWCA Civ 373 (25 May 2017)

Greene King Brewing And Retailing Ltd & Anor v The Gambling Commission [2017] EWCA Civ 372 (25 May 2017)

Court of Appeal (Criminal Division)

Martin, R, v [2017] EWCA Crim 648 (25 May 2017)

Morfitt, R v [2017] EWCA Crim 669 (25 May 2017)

High Court (Administrative Court)

General Medical Council v Jagjivan & Anor [2017] EWHC 1247 (Admin) (26 May 2017)

RM v The Secretary of State for the Home Department [2017] EWHC 1262 (Admin) (26 May 2017)

High Court (Commercial Court)

Watson & Ors v watchfinder.co.uk Ltd [2017] EWHC 1275 (Comm) (25 May 2017)

Deutsche Bank AG, London Branch v CIMB Bank Berhad [2017] EWHC 1264 (Comm) (25 May 2017)

High Court (Family Division)

A (A Minor : Fact Finding; Unrepresented Party) [2017] EWHC 1195 (Fam) (19 May 2017)

High Court (Queen’s Bench Division)

JR v Sheffield Teaching Hospitals NHS Foundation Trust [2017] EWHC 1245 (QB) (25 May 2017)

High Court (Technology and Construction Court)

GB Building Solutions Ltd v SFS Fire Services Ltd (t/a Central Fire Protection) [2017] EWHC 1289 (TCC) (25 May 2017)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 25th, 2017 in law reports by tracey

Supreme Court

Hartley & Ors v King Edward VI College [2017] UKSC 39 (24 May 2017)

Coll, R (on the application of) v Secretary of State for Justice [2017] UKSC 40 (24 May 2017)

Court of Appeal (Civil Division)

MSC Mediterranean Shipping Company SA v Glencore International AG [2017] EWCA Civ 365 (24 May 2017)

Department of Health v The Information Commissioner & Anor [2017] EWCA Civ 374 (24 May 2017)

Oraki & Anor v Bramston & Anor [2017] EWCA Civ 403 (24 May 2017)

BRITCITS v The Secretary of State for the Home Department [2017] EWCA Civ 368 (24 May 2017)

Gore v Naheed & Anor [2017] EWCA Civ 369 (24 May 2017)

Singh (India) v Secretary of State for the Home Department [2017] EWCA Civ 362 (24 May 2017)

Beatt v Croydon Health Services NHS Trust [2017] EWCA Civ 401 (23 May 2017)

Wamala, R (on the application of) v The Secretary of State for the Home Department [2017] EWCA Civ 363 (23 May 2017)

Cameron v Hussain & Anor [2017] EWCA Civ 366 (23 May 2017)

J (Children), Re [2017] EWCA Civ 398 (23 May 2017)

Court of Appeal (Criminal Division)

Kay, R v [2017] EWCA Crim 647 (23 May 2017)

AB & Ors, R v [2017] EWCA Crim 534 (28 April 2017)

High Court (Administrative Court)

Charles, R (On the Application Of) v Criminal Cases Review Commission [2017] EWHC 1219 (Admin) (25 May 2017)

Chaparadza, R (On the Application Of) v Secretary of State for the Home Department [2017] EWHC 1209 (Admin) (24 May 2017)

Accident Exchange Ltd v Broom & Ors [2017] EWHC 1096 (Admin) (24 May 2017)

UK Power Networks (Operations) Ltd, R (on the application of) The Gas and Electricity Markets Authority & Ors [2017] EWHC 1175 (Admin) (23 May 2017)

Scarfe & Ors, R (on the application of) v HMP Woodhill & Anor [2017] EWHC 1194 (Admin) (23 May 2017)

Ibori, R (on the application of) v The Secretary of State for the Home Department [2017] EWHC 1207 (Admin) (22 May 2017)

Court (Chancery Division)

Hudson v Solicitors Regulation Authority (SRA) [2017] EWHC 1249 (Ch) (23 May 2017)

Willers v Joyce & Anor Re: Gubay, Deceased [2017] EWHC 1225 (Ch) (23 May 2017)

The Shri Guru Ravidass Sabha Southall, Re [2017] EWHC 1255 (Ch) (23 May 2017)

The RBS Rights Issue Litigation [2017] EWHC 1217 (Ch) (23 May 2017)

British Airways Plc v Airways Pension Scheme Trustee Ltd [2017] EWHC 1191 (Ch) (19 May 2017)

Doberman & Anor v Watson & Ors [2017] EWHC 1708 (Ch) (19 May 2017)

Greathead v Greathead [2017] EWHC 1154 (Ch) (19 May 2017)

High Court (Family Division)

Westminster City Council v H [2017] EWHC 1221 (Fam) (19 May 2017)

L v L (Child : Arrangements Following Treatment) [2017] EWHC 1212 (Fam) (19 May 2017)

Source: www.bailii.org

BAILII Recent Decisions

Posted May 22nd, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Wood v Kingston Upon Hull City Council [2017] EWCA Civ 364 (19 May 2017)

Emmott v Michael Wilson & Partners Ltd [2017] EWCA Civ 367 (19 May 2017)

Grimes v The Trustees of the Essex Farmers And Union Hunt [2017] EWCA Civ 361 (19 May 2017)

High Court (Administrative Court)

Sambotin, R (on the application of) v London Borough of Brent [2017] EWHC 1190 (Admin) (19 May 2017)

High Court (Chancery Division)

Breyer Group Plc v RBK Engineering Ltd [2017] EWHC 1206 (Ch) (19 May 2017)

Trilogy Management Ltd v Harcus Sinclair (A Firm) [2017] EWHC 1164 (Ch) (19 May 2017)

High Court (Family Division)

A (A Minor : Fact Finding; Unrepresented Party) [2017] EWHC 1195 (Fam) (19 May 2017)

High Court (Queen’s Bench Division)

Forsey, R (on the application of) v The Northern Derbyshire Magistrates’ Court [2017] EWHC 1152 (QB) (19 May 2017)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 19th, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Sutton Housing Partnership Ltd v Rydon Maintenance Ltd [2017] EWCA Civ 359 (18 May 2017)

Assoun v Assoun [2017] EWCA Civ 370 (18 May 2017)

High Court (Administrative Court)

Owda v Court of Appeals Thessaloniki (Greece) [2017] EWHC 1174 (Admin) (18 May 2017)

The Pharmaceutical Services Negotiating Committee & Anor, R (On the Application Of) v Secretary of State for Health [2017] EWHC 1147 (Admin) (18 May 2017)

High Court (Chancery Division)

Kaplan & Ors v Super PCS LLP & Ors [2017] EWHC 1165 (Ch) (18 May 2017)

Jones & Anor v Hamilton [2017] EWHC 1065 (Ch) (17 May 2017)

High Court (Technology and Construction Court)

Ndole Assets Ltd v Designer M&E Services UK Ltd [2017] EWHC 1148 (TCC) (18 May 2017)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 17th, 2017 in law reports by tracey

Supreme Court

LB Holdings Intermediate 2 Ltd, The Joint Administrators of v Lehman Brothers International (Europe), The Joint Administrators of & Ors [2017] UKSC 38 (17 May 2017)

Court of Appeal (Civil Division)

Societe Des Produits Nestle SA v Cadbury UK Ltd [2017] EWCA Civ 358 (17 May 2017)

Vanden Recycling Ltd v Kras Recycling BV [2017] EWCA Civ 354 (17 May 2017)

ABC v St George’s Healthcare NHS Trust & Ors [2017] EWCA Civ 336 (16 May 2017)

J C and A Solicitors Ltd v Andeen Iqbal & Anor [2017] EWCA Civ 355 (16 May 2017)

FB v Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334 (12 May 2017)

Ashfaq v International Insurance Company of Hannover Plc [2017] EWCA Civ 357 (12 May 2017)

Correia v University Hospital of North Staffordshire NHS Trust [2017] EWCA Civ 356 (12 May 2017)

High Court (Administrative Court)

Westminster City Council v Owadally & Anor [2017] EWHC 1092 (Admin) (17 May 2017)

Edward v Royal Borough of Greenwich [2017] EWHC 1112 (Admin) (17 May 2017)

Edward, R (on the application of) v Royal Borough of Greenwich [2017] EWHC 1113 (Admin) (17 May 2017)

Jones, R (on the application of) v The Secretary of State for Business, Energy and Industrial Strategy [2017] EWHC 1111 (Admin) (16 May 2017)

Kowalski v Regional Court In Bielsko-Biala, Poland [2017] EWHC 1044 (Admin) (11 May 2017)

High Court (Chancery Division)

O’Keefe & Anor (In Their Capacity As Joint Liquidators of Level One Residential (Jersey) Ltd and Special Opportunity Holdings Ltd) v Caner & Ors [2017] EWHC 1105 (Ch) (15 May 2017)

Taylor v Taylor & Anor [2017] EWHC 1080 (Ch) (12 May 2017)

Bath v Escott [2017] EWHC 1101 (Ch) (11 May 2017)

BHS Group Ltd v Retail Acquisitions Ltd [2017] EWHC 1057 (Ch) (05 May 2017)

High Court (Commercial Court)

Pan Petroleum AJE Ltd v Yinka Folawiyo Petroleum Co Ltd & Ors [2017] EWHC 1102 (Comm) (12 May 2017)

Gard Shipping AS v Clearlake Shipping PTE Ltd [2017] EWHC 1091 (Comm) (12 May 2017)

High Court (Family Division)

FF v KF [2017] EWHC 1093 (Fam) (12 May 2017)

High Court (Queen’s Bench Division)

Noble Caledonia Ltd v Air Niugini Ltd [2017] EWHC 1095 (QB) (12 May 2017)

The Secretary of State for Justice the Lord Chancellor v SVS Solicitors [2017] EWHC 1045 (QB) (11 May 2017)

High Court (Technology and Construction Court)

Findcharm Ltd v Churchill Group Ltd [2017] EWHC 1108 (TCC) (12 May 2017)

Dawnus Construction Holdings Ltd v Marsh Life Ltd [2017] EWHC 1066 (TCC) (11 May 2017)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 11th, 2017 in law reports by tracey

Supreme Court

Gard Marine and Energy Ltd & Anor v China National Chartering Company Ltd & Anor [2017] UKSC 35 (10 May 2017)

Poshteh v Royal Borough of Kensington and Chelsea [2017] UKSC 36 (10 May 2017)

Suffolk Coastal District Council v Hopkins Homes Ltd & Anor [2017] UKSC 37 (10 May 2017)

Court of Appeal (Civil Division)

Clegg v The Estate & Personal Representatives of Andrew Gregory Pache & Ors [2017] EWCA Civ 256 (11 May 2017)

OO (Nigeria), R (on the application of) v Secretary of State for the Home Department [2017] EWCA Civ 338 (10 May 2017)

Amirteymour v The Secretary of State for the Home Department [2017] EWCA Civ 353 (10 May 2017)

Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) & Anor v Sandoz Ltd [2017] EWCA Civ 335 (10 May 2017)

Orientfield Holdings Ltd v Bird & Bird LLP [2017] EWCA Civ 348 (09 May 2017)

LC (Albania) v The Secretary of State for the Home Department & Anor [2017] EWCA Civ 351 (09 May 2017)

High Court (Administrative Court)

Vrang v Revenue And Customs [2017] EWHC 1055 (Admin) (09 May 2017)

Moulton Parish Council & Anor v Secretary of State for Communities and Local Government [2017] EWHC 1047 (Admin) (09 May 2017)

EL, R (On the Application Of) v Essex County Council [2017] EWHC 1041 (Admin) (08 May 2017)

High Court (Commercial Court)

Baturina v Chistyakov [2017] EWHC 1049 (Comm) (10 May 2017)

High Court (Family Division)

B v B (Maintenance Regulation -Stay) [2017] EWHC 1029 (Fam) (09 May 2017)

High Court (Queen’s Bench Division)

Serious Fraud Office (SFO) v Eurasian Natural Resources Corporation Ltd [2017] EWHC 1017 (QB) (08 May 2017)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 9th, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Day v Health Education England & Ors [2017] EWCA Civ 329 (05 May 2017)

Cosmetic Warriors Ltd & Anor v Gerrie [2017] EWCA Civ 324 (05 May 2017)

High Court (Commercial Court)

ICICI Bank UK Plc v Mehta & Ors [2017] EWHC 1030 (Comm) (08 May 2017)

Vald. Nielsen Holding A/S & Anor v Baldorino & Ors [2017] EWHC 1033 (Comm) (05 May 2017)

Deutsche Bank AG v Comune Di Savona [2017] EWHC 1013 (Comm) (05 May 2017)

High Court (Family Division)

W (A Child) (No 3), Re [2017] EWHC 1032 (Fam) (05 May 2017)

AD & Ors, Re Human Fertilisation and Embryology Act 2008 [2017] EWHC 1026 (Fam) (05 May 2017)

High Court (Queen’s Bench Division)

Simukonda v The Home Office [2017] EWHC 1012 (QB) (05 May 2017)

A v Cornwall Council [2017] EWHC 842 (QB) (28 April 2017)

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 5th, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Hassett & Anor, R (On the Application Of) v The Secretary of State for Justice [2017] EWCA Civ 331 (04 May 2017)

Robinson, R (On the Application Of) v Secretary of State for the Home Department & Anr [2017] EWCA Civ 316 (04 May 2017)

Colaingrove Ltd v Revenue And Customs [2017] EWCA Civ 332 (04 May 2017)

Lidl Ltd v Central Arbitration Committee & Anor [2017] EWCA Civ 328 (04 May 2017)

British Telecommunications plc v Office Of Communications (OFCOM) & Ors [2017] EWCA Civ 330 (04 May 2017)

Pritchett v Crossrail Ltd [2017] EWCA Civ 317 (03 May 2017)

SG , R (on the application of) v London Borough of Haringey & Ors [2017] EWCA Civ 322 (03 May 2017)

P, R (on the application of) The Secretary of State for the Home Department & Anor [2017] EWCA Civ 321 (03 May 2017)

Godfrey Morgan Solicitors (A Firm) v Armes [2017] EWCA Civ 323 (02 May 2017)

The Professional Standards Authority v The Health And Care Professions Council & Anor [2017] EWCA Civ 319 (28 April 2017)

Rai v Entry Clearance Officer, New Delhi [2017] EWCA Civ 320 (28 April 2017)

T, R (On the Application Of) v HM Senior Coroner for the County of West Yorkshire (Western Area) [2017] EWCA Civ 318 (28 April 2017)

Apex Global Management Ltd & Anor v Global Torch Ltd [2017] EWCA Civ 315 (28 April 2017)

Simou v Salliss & Ors [2017] EWCA Civ 312 (28 April 2017)

Perry v Raleys Solicitors [2017] EWCA Civ 314 (28 April 2017)

Court of Appeal (Criminal Division)

Midmore, R v [2017] EWCA Crim 533 (28 April 2017)

High Court (Administrative Court)

Thames Valley Police v Police Misconduct Panel [2017] EWHC 923 (Admin) (04 May 2017)

Charles v Mugla Chief Public Prosecution Office Republic of Turkey [2017] EWHC 952 (Admin) (04 May 2017)

Singhal UK Ltd v Secretary of State for Communities and Local Government & Anor [2017] EWHC 946 (Admin) (03 May 2017)

Chodorek v District Court of Kielce, Poland [2017] EWHC 995 (Admin) (03 May 2017)

Liverpool City Council & Anor, R (On the Application Of) v The Secretary of State For Health [2017] EWHC 986 (Admin) (02 May 2017)

Headcorn Parish Council, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2017] EWHC 970 (Admin) (02 May 2017)

McCarthy v Bar Standards Board [2017] EWHC 969 (Admin) (02 May 2017)

Vaidya v General Medical Council [2017] EWHC 922 (Admin) (28 April 2017)

High Court (Chancery Division)

Weir v Hilsdon [2017] EWHC 983 (Ch) (04 May 2017)

EMW Law LLP v Halborg [2017] EWHC 1014 (Ch) (04 May 2017)

High Court (Family Division)

A Ward of Court, Re [2017] EWHC 1022 (Fam) (04 May 2017)

F and H (No 2), Re Human Fertilisation And Embryology Act 2008 [2017] EWHC 964 (Fam) (28 April 2017)
Benmusa (No 3), Re [2017] EWHC 966 (Fam) (28 April 2017)

Y (A Child) (No 2), Re [2017] EWHC 967 (Fam) (28 April 2017)

Roxar v Jaledoust [2017] EWHC 977 (Fam) (28 April 2017)

High Court (Patents Court)

Sandoz Ltd & Anor v GD Searle LLC & Anor [2017] EWHC 987 (Pat) (03 May 2017)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 28th, 2017 in law reports by tracey

Court of Appeal (Civil Division)

DR (Jamaica) v Secretary of State for Home Department [2017] EWCA Civ 271 (26 April 2017)

High Court (Administrative Court)

Hudson v Crown Prosecution Service [2017] EWHC 841 (Admin) (28 April 2017)

Goodman Logistics Developments (UK) Ltd v Secretary of State for Communities and Local Government & Anor [2017] EWHC 947 (Admin) (27 April 2017)

Jagoo v Bristol City Council [2017] EWHC 926 (Admin) (27 April 2017)

K, A & B v Secretary of State for Defence Secretary of State for Foreign and Commonwealth Affairs [2017] EWHC 830 (Admin) (26 April 2017)

High Court (Chancery Division)

Vieira v Revenue And Customs [2017] EWHC 936 (Ch) (28 April 2017)

Housemaker Services Ltd & Anor v Cole & Anor [2017] EWHC 924 (Ch) (26 April 2017)

High Court (Family Division)

A Local Authority v Y [2017] EWHC 968 (Fam) (27 April 2017)

F v M & Anor [2017] EWHC 949 (Fam) (26 April 2017)

High Court (Queen’s Bench Division)

Stewart & Anor v The Commissioner of Police of the Metropolis [2017] EWHC 921 (QB) (28 April 2017)

Kimathi & Ors v The Foreign & Commonwealth Office [2017] EWHC 939 (QB) (27 April 2017)

Kimathi & Ors v The Foreign And Commonwealth Office [2017] EWHC 938 (QB) (27 April 2017)

High Court (Technology and Construction Court)

Peel Port Shareholder Finance Company Ltd v Dornoch Ltd [2017] EWHC 876 (TCC) (26 April 2017)

Source: www.bailii.org

EnergySolutions EU Ltd (now ATK Energy EU Ltd) v Nuclear Decommissioning Authority – WLR Daily

EnergySolutions EU Ltd (now ATK Energy EU Ltd) v Nuclear Decommissioning Authority [2017] UKSC 34

‘A company was unsuccessful in its bid in a tender process carried out by a public authority for a contract which fell within the ambit of Parliament and Council Directive 2004/18/EC (“the Public Procurement Directive”) and Council Directive 89/665/EEC , as amended, which provided for remedies for unsuccessful applicants (“the Remedies Directive”) and which had been given effect to in England and Wales by the Public Contracts Regulations 2006, as amended. The Regulations provided that, after notification of the contracting authority’s decision to award the contract, there would be a ten-day standstill period prior to the actual award of the contract during which time an unsuccessful bidder could issue proceedings to challenge the award. The issuing of proceedings would trigger automatic suspension of the contract award until the challenge was determined or otherwise disposed of, although the court had power to require a cross-undertaking from that party to cover the authority’s losses from not entering into the contract with its preferred bidder. Regulation 47D(2), as inserted, however, allowed for a period of 30 days for the issuing of any proceedings, with regulation 47J(2)(c), as inserted, making provision for an award of damages to the unsuccessful bidder if the court found a breach of duty after the contract had been entered into. The company, having been notified that it was an unsuccessful bidder, expressed its concerns with the procurement process but did not issue proceedings until after the expiry of the standstill period, albeit within the 30-day period. On a trial of preliminary issues, where the authority relied on Court of Justice authority which imposed minimum conditions for claims for breaches of an European Union law right, including that the breach had to be “sufficiently serious”, the judge stated that (i) there was nothing in the Remedies Directive which limited the company to recovery of damages on that basis, and (ii) ordinary principles of English law applied to any award of damages under the 2006 Regulations and so the Court of Justice’s rule would not limit the recovery of damages to “sufficiently serious” breaches of the 2006 Regulations. He declined to make any ruling on a third issue, whether the company’s failure to start proceedings within the standstill period and before the authority had entered into the contract meant that it was not entitled to damages, since it could have acted within the ten-day period to prevent the claimed loss from occurring by causing a suspension of the award of the contract to the successful bidder. On the authority’s appeal on the first two issues the Court of Appeal held that the minimum conditions for an award of damages for breach of an European Union law right had been established by the Court of Justice and so article 2(1)(c) of the Remedies Directive only called for an award of damages where the breach was sufficiently serious, but upheld the judge’s decision that there was no such constraint under the 2006 Regulations, and, on an appeal by the company on the third issue, accepted its submission that the judge ought to have decided as a matter of domestic law that it could not be deprived of damages simply because it had failed to avail itself of the opportunity under the 2006 Regulations to issue the proceedings in time to stop the contract being awarded. The authority appealed on the second and third issues, with the company arguing in relation to the first issue that damages could be awarded under article 2(1)(c) for any breach, whether serious or not. After the hearing the parties reached a settlement of the disputes between them in relation to liability and quantum but requested that the court hand down its judgment on the appeal in any event.’

WLR Daily, 11th April 2017

Source: www.iclr.co.uk

Fuller (Part 20 claimant) v Kitzing and another (Part 20 defendants) – WLR Daily

Posted April 27th, 2017 in game laws, law reports, sport by sally

Fuller (Part 20 claimant) v Kitzing and another (Part 20 defendants) [2017] EWHC 810 (Ch)

‘The Part 20 claimant was freehold and long leasehold owner of a substantial property and some 30 acres of surrounding land. The Part 20 defendant was the owner of sporting rights over the Part 20 claimant’s land. The Part 20 claimant sought a declaration those rights did not authorise the Part 20 defendant preserve and rear game on his land because that went beyond any recognised profit or ancillary right, still less did the sporting rights authorise her to introduce poults (or young pheasants) onto his land. The court ordered the trial of a number of preliminary issues, including whether there was a legally recognised profit à prendre to preserve and rear game on another person’s land.’

WLR Daily, 27th March 2017

Source: www.iclr.co.uk

In re Amin Abdulla v Whelan and others – WLR Daily

Posted April 27th, 2017 in bankruptcy, landlord & tenant, law reports, leases, rent by sally

In re Amin; Abdulla v Whelan and others [2017] EWHC 605 (Ch)

‘At the time of a bankruptcy order made against him, the bankrupt held a property with another person under the terms of an underlease for a term expiring on 31 July 2018. The trustee in bankruptcy served a notice of disclaimer under section 315 of the Insolvency Act 1986 disclaiming all of its and the bankrupt’s interest in the leasehold property under the terms of the underlease. The trustee, supported by the landlords, contended that the notice of disclaimer did not end the legal estate in the underlease and that the bankrupt’s estate remained liable for the payment of the rent until the expiry of its term. A person claiming to be one of the bankrupt’s creditors contended that the notice of disclaimer disclaimed all of the bankrupt’s interest in the underlease and that the bankrupt’s estate was liable for no further rent after the disclaimer. Judgment was given in favour of the trustee and landlords.’

WLR Daily, 20th April 2017

Source: www.iclr.co.uk

Investment Trust Companies v Revenue and Customs Comrs – WLR Daily

Posted April 26th, 2017 in appeals, EC law, HM Revenue & Customs, law reports, restitution, Supreme Court, VAT by sally

Investment Trust Companies v Revenue and Customs Comrs [2017] UKSC 29

‘The claimants were “closed-ended” investment funds constituted as limited companies. Between 1992 and 2002 they received supplies of services from investment managers rendered pursuant to agreements which provided for the managers to be remunerated by the payment of fees plus VAT “if applicable”. Under the legislation then in force such services did not qualify for exemption and the managers charged VAT at the standard rate. The managers made periodic VAT returns which accounted for the VAT charged as output tax, reclaimed input tax and paid the revenue the net difference. Following a decision of the Court of Justice of the European Union it transpired that the supplies of the investment management services should have been exempt from VAT. Accordingly, the managers made claims to the revenue under section 80 of the Value Added Tax Act 1994 for repayment of sums accounted for and paid by them in error. The revenue met those claims but, in accordance with the statutory provisions, limited repayments to the net amounts which the managers had paid and did not include any amounts relating to periods which were time-barred. The managers forwarded the reimbursements to the claimants as required under section 80 but since they were insufficient to meet the full amount of VAT which had been mistakenly paid by them the claimants brought proceedings against the revenue on grounds of unjust enrichment and breach of European Union law. The judge found that the revenue had been enriched by the full amount of VAT paid by the claimants to the managers; that the claimants had no cause of action at common law because the statutory scheme protected the revenue from any liability to refund VAT except as provided for under section 80 of the 1994 Act, but that, since, within the limitation period, European Union law required that exclusion to be disapplied, the claimants were entitled to repayment of the full amount of VAT paid by the claimants within that period. The claim in relation to the time-barred periods was therefore dismissed. On appeal by both parties the Court of Appeal concluded that the statutory scheme did not exclude a common law claim but that, since the revenue had only received payment of output tax net of input tax from the managers, it had not been unjustly enriched over the periods in which a refund had been paid to the managers, although a similar repayment was payable to cover the time-barred periods.’

WLR Daily, 11th April 2017

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted April 26th, 2017 in law reports by sally

Court of Appeal (Civil Division)

Court of Appeal (Criminal Division)

High Court (Administrative Court)

High Court (Chancery Division)

High Court (Commercial Court)

High Court (Queen’s Bench Division)

Source: www.bailii.org

BAILII: Recent decisions

Posted April 24th, 2017 in law reports by tracey

High Court (Administrative Court)

Jayes, R (On the Application Of) v Hamilton [2017] EWHC 874 (Admin) (13 April 2017)

High Court (Chancery Division)

Pinfold v Ansell & Ors [2017] EWHC 889 (Ch) (21 April 2017)

Ashcroft & Anor v Webster [2017] EWHC 887 (Ch) (21 April 2017)

Abdulla v Whelan & Ors [2017] EWHC 605 (Ch) (20 April 2017)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 19th, 2017 in law reports by tracey

Supreme Court

McCann v The State Hospitals Board for Scotland (Scotland) [2017] UKSC 31 (11 April 2017)

Nuclear Decommissioning Authority v EnergySolutions EU Ltd (now called ATK Energy EU Ltd) [2017] UKSC 34 (11 April 2017)

Revenue and Customs v The Investment Trust Companies [2017] UKSC 29 (11 April 2017)

Lowick Rose LLP v Swynson Ltd & Anor [2017] UKSC 32 (11 April 2017)

Times Newspapers Ltd & Ors v Flood & Ors [2017] UKSC 33 (11 April 2017)

SXH v The Crown Prosecution Service (CPS) [2017] UKSC 30 (11 April 2017)

High Court (Family Division)

Case K (No 2), Re Human Fertilisation and Embryology Act 2008 [2017] EWHC 783 (Fam) (12 April 2017)

Cases Y, Z, AA, AB & AC, Re Human Fertilisation and Embryology Act 2008 [2017] EWHC 784 (Fam) (12 April 2017)

Benmusa (No 2), Re [2017] EWHC 785 (Fam) (12 April 2017)

Chai v Peng & Ors [2017] EWHC 792 (Fam) (06 April 2017)

Al-Jeffery v Al-Jeffery (Vulnerable adult; British citizen) (No.3) [2017] EWHC 774 (Fam) (05 April 2017)

C (A Child), Re (No 2) (Application for Public Interest Immunity) [2017] EWHC 692 (Fam) (31 March 2017)

B v B (Fertility Treatment: Paperwork Error) [2017] EWHC 599 (Fam) (23 March 2017)

High Court (Patents Court)

Varian Medical Systems International AG v Elekta Ltd & Anor [2017] EWHC 712 (Pat) (06 April 2017)

Unwired Planet International Ltd v Huawei Technologies Co. Ltd & Anor [2017] EWHC 711 (Pat) (05 April 2017)

High Court (Queen’s Bench Division)

Pinisetty v Manikonda & Anor [2017] EWHC 838 (QB) (13 April 2017)

RE & Ors v Calderdale & Huddersfield NHS Foundation Trust [2017] EWHC 824 (QB) (12 April 2017)

Tradition Financial Services Ltd v Gamberoni & Ors [2017] EWHC 768 (QB) (12 April 2017)

Kirchanov & Ors v District Prosecutor’s Office, Blagoevgrad, Bulgaria & Ors [2017] EWHC QB 827 (12 April 2017)

Shaw v Leigh Day (a firm) [2017] EWHC 825 (QB) (11 April 2017)

High Court (Technology and Construction Court)

Leeds Beckett University v Travelers Insurance Company Ltd [2017] EWHC 558 (TCC) (11 April 2017)

Goodlife Foods Ltd v Hall Fire Protection Ltd [2017] EWHC 767 (TCC) (07 April 2017)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 13th, 2017 in law reports by sally

Court of Appeal (Civil Division)

Court of Appeal (Criminal Division)

High Court (Administrative Court)

High Court (Chancery Division)

High Court (Commercial Court)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 7th, 2017 in law reports by tracey

Supreme Court

Isle of Wight Council v Platt [2017] UKSC 28 (6 April 2017)

AB v Her Majesty’s Advocate [2017] UKSC 25 (5 April 2017)

Essop & Ors v Home Office (UK Border Agency) [2017] UKSC 27 (5 April 2017)

Volkswagen Financial Services (UK) Ltd v Revenue and Customs (5 April 2017)

High Court (Queen’s Bench Division)

Stunt v Associated Newspapers Ltd [2017] EWHC 695 (QB) (06 April 2017)

Cleeves v University of Oxford [2017] EWHC 702 (QB) (05 April 2017)

High Court (Technology and Construction Court)

Aecom Design Build Ltd v Staptina Engineering Services Ltd [2017] EWHC 723 (TCC) (05 April 2017)

RCS Contractors Ltd v Conway [2017] EWHC 715 (TCC) (04 April 2017)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 7th, 2017 in law reports by sally

Court of Appeal (Civil Division)

Court of Appeal (Criminal Division)

High Court (Administrative Court)

High Court (Chancery Division)

High Court (Commercial Court)

Source: www.bailii.org

BAILII: Recent Decisions

Posted March 31st, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Elson v Stilgoe [2017] EWCA Civ 193 (30 March 2017)

First Subsea Ltd v Balltec Ltd & Ors [2017] EWCA Civ 186 (30 March 2017)

Grosvenor (Mayfair) Estate v Merix International Ventures Ltd & Anor [2017] EWCA Civ 190 (30 March 2017)

Stretchline Intellectual Properties Ltd v H&M Hennes & Mauritz Ltd [2017] EWCA Civ 199 (30 March 2017)

High Court (Administrative Court)

Conway, R (On the Application Of) v Secretary of State for Justice [2017] EWHC 640 (Admin) (30 March 2017)

Relta Ltd v Greater London Authority [2017] EWHC 671 (Admin) (30 March 2017)

The Assisted Reproduction And Gynaecology Centre, R (On the Application Of) v The Human Fertilisation And Embryology Authority [2017] EWHC 659 (Admin) (30 March 2017)

Driver And Vehicle Standards Agency v Rowe [2017] EWHC 608 (Admin) (30 March 2017)

High Court (Commercial Court)

Makdessi v Cavendish Square Holding BV & Ors [2017] EWHC 650 (Comm) (30 March 2017)

Aldcroft v The International Cotton Association Ltd [2017] EWHC 642 (Comm) (30 March 2017)

High Court (Queen’s Bench Division)

PP v The Home Office & Anor [2017] EWHC 663 (QB) (30 March 2017)

Harrath v Stand for Peace Ltd & Anor [2017] EWHC 653 (QB) (30 March 2017)

Source: www.bailii.org