Court of Appeal confirms supremacy of the retainer
In July 2013, Wragge & Co reported on the case of Mehjoo v Harben Barker (a firm) & Anor, where the judge at first instance found that a variation to their general retainer meant Harben Barker was under a duty to recognise Mr Mehjoo’s non-domicile status and the significant tax advantages that might bring. Furthermore, it was under a duty to refer Mr Mehjoo to a non-domicile specialist for tax advice relating to his status, that advice being outside its area of expertise.
Harben Barker subsequently appealed to the Court of Appeal and judgment in that appeal was handed down on 25 March 2014,  EWCA Civ 358. In his leading judgment, Lord Justice Patten allowed the appeal and held that Harben Barker was not in breach of its duty to Mr Mehjoo after all. The terms of its general retainer had not been varied such that it was under a duty to advise on complex tax planning schemes, absent a request to do so.
Mr Mehjoo was born in Tehran but had lived in the UK since he was a child and became a British citizen in 1996. He was a successful businessman whose high-street fashion business was sold for a substantial sum in 2005. His share of the business was valued at £8.5m and this claim arose as a result of the capital gains tax liability Mr Mehjoo was faced with following the sale of his shares…
Click on the link below to read the rest of the Wragge & Co briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Wragge Lawrence Graham & Co
News from The Lawyer
Briefings from Wragge Lawrence Graham & Co
If you think that the Housing Grants Act makes payment (or not) clear, keep reading for the latest case...
You may be forgiven for thinking that as of 27 February 2015, the Housing Grants, Construction and Regeneration Act 1996 (the Act), has little effect in terms of its payment and adjudication provisions.
Arnold J does battle again with the complexities of European Trade Mark law in a dispute about the trademark SUPREME for foodstuffs for rabbits and other small animals.