Value added tax - Bad debt relief - Taxpayer solicitors acting for insurance companies
Simpson & Marwick v Revenue and Customs Commissioners: Upper Tribunal (Tax and Chancery Chamber) (Lord Drummond Young): 20 December 2011
The taxpayer was a firm of Edinburgh solicitors, which had been registered for VAT since 1973. The greater part of its practice related to the provision of legal services in respect of insurance claims.
Money had and received - Defence - Claimants being victims of fraud by third party
Armstrong DLW GmbH v Winnington Networks Ltd: ChD (Mr Stephen Morris QC (sitting as a deputy High Court judge)): 11 January 2012
The proceedings revolved around the transference of 21,000 carbon emission allowances known as European Union allowances (EUAs). In January 2010, S, an individual claiming to represent a company in Dubai (Z Ltd), contacted the defendant company to inquire whether it was interested in trading EUAs.
Public order - Freedom of association and assembly - Defendant protestors setting up camp outside St Paul’s Cathedral
City of London Corporation v Samede and others: QB (Mr Justice Lindblom): 18 January 2012
The defendants were all members of an unincorporated association (Occupy) which had organised a protest in central London. The first defendant was appointed a representative defendant of Occupy under Civil Procedure Rule 19.6. In October 2011, the defendants established a protest camp in the churchyard of St Paul’s Cathedral which consisted of between 150 and 200 tents, some used as accommodation and others for activities such as meetings, a library, a first aid facility and a welfare facility.
Disciplinary proceedings - Professional misconduct
Deputy Chief Legal Ombudsman v French: Queen's Bench Division, Administrative Court (London) () (judgment delivered extempore): 18 January 2012
The Administrative Court imposed a suspended sentence of four months' imprisonment in circumstances where the defendant solicitor had failed to comply with a notice under section 147 of the Legal Services Act 2007 requesting the disclosure documents and information to the claimant Legal Ombudsman as part of an investigation into a complaint made against the defendant's firm.
Community legal service funding - Legal Services Commission
Legal Services Commission v Loomba; Legal Services Commission v Ulasi; Legal Services Commission v Carter and others: Queen's Bench Division (Mr Justice Cranston): 17 January 2012
The Queen's Bench Division held that the claimant Legal Services Commission was entitled to nil assess and thereby recoup payments on account pursuant to the incidental power in section 4(1)(b) of the Legal Aid Act 1988.
Power to stop, search and detain - Two demonstration camps in London
R (on the application of Moos and another) v Commissioner of Police for the Metropolis: Court of Appeal, Civil Division (Lord Neuberger of Abbotsbury MR, Lord Justices Hughes and Sullivan): 19 January 2012
The Court of Appeal, Civil Division, in allowing the defendant police commissioner’s appeal against the Administrative Court’s decision that certain aspects of the defendant’s handling of two demonstrations in the City of London in April 2009 had constituted unlawful police actions, held that the Administrative Court had adopted the wrong approach to the claim by forming its own view of the imminence of a breach of a peace in the demonstrations, rather than considering the reasonableness of the defendant’s senior officer’s assessment of that imminence.
Family proceedings - Orders in family proceedings - Financial provision
V v V: Fam Div (Mr Justice Charles): 21 December 2011
In October 2002, the husband and the wife started living together. In April 2003, they became engaged and shortly thereafter their first child was born. The wife wanted to marry and the husband agreed, but he requested that they enter into a pre-nuptial agreement. The husband was 10 years older than the wife and had amassed a certain amount of wealth before the commencement of their relationship. The wife had no objection to a pre-nuptial agreement and a ‘marriage settlement’ was entered into in June 2005. In August 2005, they married. In June 2006, a second child was born.
Road traffic - Non-custodial sentence - Careless driving - Defendant Olympic star driving down wrong side of road and colliding with vehicle
R v Christie: CA (Crim Div) (Mr Justice Treacy and Mr Justice Blair (judgment delivered extempore): 13 January 2012
The defendant, 51, was a former British Olympic champion. On 8 May 2010, the defendant was driving his car along a road near his home. He had lived in the US shortly before and had recently moved to the area. The defendant drove a short distance to a supermarket. Realising it was closed, he drove from the forecourt of the supermarket onto the main road. He failed to notice a vehicle approaching travelling in the same direction on the road.
Service out of the jurisdiction - Alternative forum available - Claimant bank alleging fraud by defendants
Alliance Bank JSC v Aquanta Corporation and others: QBD (Comm) (Mr Justice Burton): 14 December 2011
The claimant bank, based in Kazakhstan, alleged that the defendants had been party to a conspiracy to deprive the claimant of $1.1bn. The sixth, seventh and eighth defendants were brothers (the brothers). The sixth defendant was, at the material time, chairman of the board of the claimant. Between November 2005 and April 2008, it was alleged that the claimant was caused by the conspirators to acquire US Treasury notes called STRIPS, in a total value over the period of $1.1bn.
Omnipharm Ltd v Merial: Chancery Division, Patents Court (Mr Justice Floyd): 21 December 2011
The Chancery Division, Patents Court, decided, inter alia, that of the two patents, owned by the defendant company relating to treatments for protecting pets or small mammals from pleas, which the claimant company sought to revoke, patent 881 was not invalid either on the basis of obviousness or insufficiency. However, patent 564 was invalid on the ground of insufficiency alone.
Director of Public Prosecutions v Bholah: Privy Council (Lords Phillips, Brown, Kerr, Wilson and Sir Malachy Higgins): 20 December 2011
The Privy Council held that proof of a specific offence was not required in order to establish guilt of money laundering under section 17(1) of the Economic Crime and Anti-Money Laundering Act 2000 (Mauritius).
Construction - Contractual term - Indemnity clause - Claimant found guilty of criminal acts in phone-hacking scandal
Mulcaire v News Group Newspapers Ltd: ChD (Sir Andrew Morritt): 21 December 2011
From 2002 to January 2007, the claimant had been employed through another company by the defendant media company (NGN) as a private investigator. In January 2007, the claimant was found guilty of offences concerning the unlawful interception of communications, involving, inter alia, the tapping of phone accounts in order to acquire newspaper stories.
Terrorism - Detention - Claimant being arrested in Somaliland - Claimant being deported to UK
CC v Commissioner of Police of the Metropolis and another: QBD (Admin) (Mr Justice Collins): 20 December 2011
Schedule 7 to the Terrorism Act 2000, provides, so far as material: ‘1(1) In this schedule “examining officer” means any of the following - (a) a constable, (b) an immigration officer, and (c) a customs officer who is designated for the purpose of this schedule by the secretary of state and the commissioners of Customs and Excise.
Merger - Substantial lessening of competition Claimant airline seeking to purchase 30% share in second respondent airline
Ryanair Holdings plc v Office of Fair Trading and another: CA (Civ Div) (Lord Justices Lloyd, Elias and Kitchin): 21 December 2011
Rule 61 of the Competition Appeal Tribunal Rules 2003, so far as material, provides: ‘(1) The tribunal may make an order on an interim basis - (a) suspending in whole or part the effect of any decision which is the subject matter of proceedings before it… (2) Without prejudice to the generality of the foregoing, if the tribunal considers that it is necessary as a matter of urgency for the purpose of - (a) preventing serious, irreparable damage to a particular person or category of person, or (b) protecting the public interest, the tribunal may give such directions as it considers appropriate for that purpose.'
Contract of service - Church - Claimant being minister of Methodist church
Preston v President of the Methodist Church: CA (Civ Div) (Lord Justices Maurice Kay (vice-president), Longmore and Sir David Keene): 20 December 2011
In 2003, the claimant was ordained as a minister of the Methodist church following a period of time on probation. In 2006, she was appointed to the post of superintendant minister. In 2009, she submitted a letter of resignation. She subsequently commenced proceedings in the employment tribunal (the tribunal) alleging unfair constructive dismissal.
Breach of trust - Constructive trust - Claimant employing first defendant
Glen Dimplex Home Appliances Ltd v Smith and others: Queen's Bench Division, Commercial Court (Judge Hirst QC sitting as a deputy judge of the High Court): 20 December 2011
Queen's Bench Division (Commercial Court): In an application by the claimant for summary judgment in relation to claims for dishonest assistance, knowing receipt and tracing against, inter alia, a former employee, it was held that the defendants had no real prospect of succeeding in their defence to certain of the claims, but that the dishonest assistance and knowing receipt claims against the third defendant would have to go to trial.
Crossco No 4 Unlimited and others v Jolan Ltd and others: Court of Appeal, Civil Division (Lord Justices Arden, Etherton and McFarlane): 21 December 2011
The Court of Appeal, Civil Division, dismissed the claimants' appeal, confirming that the judge had been right to dismiss their claim for a constructive trust or estoppel preventing the defendants' from terminating a commercial lease.
Library - Public library - Duty of library authority
R (on the application of Bailey and others) v Brent London Borough Council: Court of Appeal, Civil Division (Lord Justices Pill, Richards and Davis): 19 December 2011
The Court of Appeal, Civil Division, dismissed the claimants' appeal on the ground that there had been no discrimination by the defendant authority against the Asian communities in the borough caused by the process by which it had decided to close six public libraries.
R (on the application of Friends of the Earth Ltd) v Secretary of State for Energy and Climate Change; R (on the application of Homesun Holdings Ltd) v Secretary of State for Energy and Climate Change; R (on the application of Solar Century Holdings Ltd) v Secretary of State for Energy and Climate Change: Queen's Bench Division, Administrative Court (London) (Mr Justice Mitting (judgment delivered extempore)): 21 December 2011
The Administrative Court, held that a proposed modification to the feed-in tariff scheme for low carbon electricity generation scheme, which would operate retrospectively was unlawful.
Defamatory words - Words capable of defamatory meaning
Rothschild v Associated Newspapers Ltd: Queen's Bench Division (Mr Justice Tugendhat): 21 December 2011
The Queen's Bench Division held that in the circumstances the defendant would be permitted to amend its defence, and the mode of trial would be altered to be by judge alone.
Defamatory words - Words capable of defamatory meaning
Dell'Olio v Associated Newspapers Ltd: Queen's Bench Division (Mr Justice Tugendhat): 20 December 2011
The Queen's Bench Division held that the words complained of were not capable of bearing the meaning attributed to them by the claimant in her particulars of claim, nor any other meaning defamatory of her.
Assessment - Appeal - Revenue and Customs Commissioners re-assessing taxpayer
Revenue and Customs Commissioners v Lansdowne Partners Ltd Partnership: Court of Appeal, Civil Division (Sir Andrew Morritt, Lord Justices Moses and Patten): 20 December 2011
The Court of Appeal, Civil Division, in dismissing the Revenue's appeal and the taxpayer partnership's cross-appeal, held,inter alia, that 'rebates' paid to limited partners were part of the income/profits of the partnership liable to tax. Further, the sums repaid were not deductible for tax purposes.
Hutcheson (formerly known as WER) v Popdog Ltd (formerly known as REW): Court of Appeal, Civil Division (Lord Neuberger, Lord Justices Etherton and Gross): 19 December 2011
The Court of Appeal, Civil Division, in dismissing an application for permission to appeal against the setting aside of an interim injunction, offered guidance on when permission to appeal would be granted in circumstances where the appeal would, as between the parties, be academic.
Practice - Pre-trial or post judgment relief - Freezing order
Parbulk II AS v PT Humpuss Intermoda Transportasi TBK and other companies: Queen's Bench Division, Commercial Court (Mr Justice Gloster): 30 November 2011
The Commercial Court made a number of observations about freezing injunctions against non-parties based out of the jurisdiction.
Shares - Agreement for sale - First claimant seeking summary judgment
R.G.I International Ltd and another company v Synergy Classic Ltd: Queen's Bench Division, Commercial Court (Mr Justice Hamblen): 19 December 2011
The Chancery Division allowed the first claimant company's claim for summary judgment, where on the true construction of a share and option agreement between the parties, the defendant company had breached the agreement and had no right to exercise a first shares put option.
Prison - Prisoner - Management and treatment of prisoners
Grant and another v Ministry of Justice: Queen's Bench Division (Mr Justice Hickinbottom): 19 December 2011
The Queen's Bench Division dismissed claims by two prisoners that their rights under articles 3 and 8 of the European Convention on Human Rights were violated by the sanitation arrangements in the prisons in which they were detained.
Jurisdiction - Prisoner of war - Claimant Pakistani national being captured by British forces in Iraq
Rahmatullah v Secretary of State for Foreign and Commonwealth Affairs and another: CA (Civ Div) (Master of the Rolls Lord Neuberger, Lord Justices Maurice Kay (vice-president) and Sullivan): 14 December 2011
The claimant was a national of Pakistan. In February 2004, he was captured by British forces in Iraq and handed over to US forces. From that time he was held at Bagram Airbase in Afghanistan (Bagram).
Appeal - Murder - Transferred malice - Defendants shooting at each other
R v Gnango: SC (Justices of the Supreme Court, Lords Phillips (president), Brown, Judge, Kerr, Clarke, Dyson and Wilson): 14 December 2011
The defendant, then aged 17, had a dispute with another youth. At about 5pm on 2 October 2007, he went with a friend, N, by car to the home of his ex-girlfriend, R.
Protection - Pollution - Air pollution - European directive requiring reduction in emissions
R (on the application of Clientearth) v Secretary of State for Environment, Food and Rural Affairs: QBD (Admin) (Mr Justice Mitting (judgment delivered extempore)): 13 December 2011
Article 13 of Parliament and Council Directive (EC) 2008/50 (on ambient air quality and cleaner air for Europe) (the directive) required member states to ensure, inter alia, that levels of nitrogen dioxide in ambient air did not exceed the proscribed limit (the limit values) from 1 January 2010.
Unfair dismissal - Constructive dismissal - Damages - Two appeals being heard together
Edwards v Chesterfield Royal Hospital NHS Foundation Trust; Botham v Ministry of Defence (Lords Phillips P, Walker, Mance, Kerr, Dyson and Wilson, Lady Hale): Supreme Court: 14 December 2011
The Supreme Court, in allowing the defendant employers' appeals, held that the reasoning in Johnson v Unisys [2001] 2 All ER 801 was a bar to a claim for damages for breach of an express term of an employment contract as to the manner of a dismissal. In the instant cases, both claimants had fallen within the 'Johnson exclusion area'.
