Judgment call: 6 February 2012

For the purposes of service out of the jurisdiction, where a claim was made under or pursuant to a contract, that was the contract “in respect of” which it had to be shown, to the standard of a good arguable case, that it existed and that one of the requirements of CPR PD 6B para.3.1(6) had been met.

Civil procedure

Global 5000 Ltd v Wadhawan (2012) EWCA Civ 13, Court of Appeal (Civil Division). Rix LJ; Lewison LJ; Sullivan LJ.

19 January 2012

For the purposes of service out of the jurisdiction, where a claim was made under or pursuant to a contract, that was the contract “in respect of” which it had to be shown, to the standard of a good arguable case, that it existed and that one of the requirements of CPR PD 6B para.3.1(6) had been met.

Appeal dismissed

For the appellant

Brickcourt Chambers’ Mark Hapgood QC and Jasbir Dhillon; Ince & Co partner Jonathan Lux

For the respondent

Quadrant Chambers’ Robert Lawson QC and Tim Marland; Gates and Partners partner Daniel Soffin

Human rights

DM v Doncaster MBC (2011) EWHC 3652, Queen’s Bench Division (Administrative Court). Langstaff J. 16 December 2011

A local authority was entitled to charge a person for his accommodation in a care home while he was detained there under the Mental Capacity Act 2005.

Judgment for defendant

For the claimant

1 Crown Office Row’s Guy Mansfield QC; Matrix Chambers’ Professor Conor Gearty; Switalskis’ barrister (non-practising) Doug Feery

For the defendant

St Johns Buildings’ Joseph O’Brien; Doncaster Metropolitan Borough Council head of legal services

Roger Harvey

For the first interested party Secretary of State for Health

11 Kings Bench Walk’s Jason Coppel; Department of Work & Pensions’ Anastasia Eleftheriades

 

Police

R (on the application of Moos) v Commissioner of Police of the Metropolis (2012) EWCA Civ 12, Court of Appeal (Civil Division). Lord Neuberger MR; Sullivan LJ; Hughes LJ. 19 January 2012

A decision to contain a substantial crowd of demonstrators, whose behaviour did not of itself justify containment, was justifiable on the ground that containment was the least drastic way of preventing what the police officer responsible for the decision reasonably apprehended would otherwise be imminent and serious breaches of the peace.

Appeal allowed

For the appellant

Blackstone Chambers’ Monica Carss-Frisk QC and David Pievsky; New Scotland Yard’s Sarah Winfield

For the respondents

Blackstone Chambers’ Mike Fordham QC and Iain Steele; Bindmans partner John Halford

 

Employment

Edwards v Chesterfield Royal Hospital NHS Foundation Trust; Botham v Ministry of Defence (MoD) (2011) UKSC 58, Supreme Court. Lord Phillips (President); Lord Walker JSC; Lady Hale JSC; Lord Wilson JSC; Lord Kerr JSC; Lord Dyson JSC; Lord Mance JSC.

14 December 2011

 

The reasoning in Johnson v Unisys Ltd (2001) UKHL 13 was a bar to a claim for damages by an employee for loss arising from the unfair manner of his dismissal in breach of an express term of his employment contract.

Appeals allowed

For the appellant Chesterfield Royal Hospital NHS Foundation Trust

Old Square Chambers’ Mark

Sutton QC and Marcus Pilgerstorfer; DAC Beachcroft partner Rachael Heenan

For the respondent Edwards

3 Serjeants Inn’s Mary O’Rourke QC and Oliver Williamson; Ryan Solicitors’ principal Michael Ryan

For the appellant MoD

1 Crown Office Row’s Wendy Outhwaite QC; Treasury Solicitors’ Dominic Van Der Wal

For the respondent Botham

Old Square Chambers’ Frederic Reynold QC and Philip Mead; Dean Wilson senior partner Ian Wilson

VAT

RBS Group Plc v Revenue & Customs Commissioners (2012) EWHC 9, Chancery Division. Mann J. 17 January 2012

Payments of commission to an insurer, pursuant to agreements under which its business was effectively transferred to another insurer, were not exempt from VAT as consideration for the transfer of a business as a going concern nor as payments for the provision of intermediary services by an insurance broker or agent.

Appeal dismissed

For the appellant

Pump Court Tax Chambers’

David Milne QC; Hogan Lovells international partner Greg Sinfield

 

For the respondent

Matrix Chambers’ Sam Grodzinski QC and Eleni Mitrophanous; GC and solicitor to HM Revenue & Customs Anthony Inglese CB

 

Real estate

North East Property Buyers Litigation, Re v Mortgage Business Plc (2012) EWCA Civ 17, Court of Appeal (Civil Division). Lord Neuberger MR; Etherton LJ; Rix LJ. 24 January 2012

 

Mortgagees were entitled to possession of properties that had been sold in an equity release scheme and leased back to the vendors where the purchaser of the properties had defaulted on the loan agreements. The contracts of sale provided that the properties were sold with full title guarantee and vacant possession.

Appeals dismissed

For the appellant vendors

Falcon Chamber’s Jonathan Small QC and Daniel Robinson; Garden Court North’s James Stark; Clark Willis Solicitors’ solicitor Kelly Bushby; David Gray Solicitors’ solicitor Sue Grebby

For the respondent The Mortgage Business plc

Wilberforce Chamber’s Jonathan Seitler QC; Hardwicke’s Daniel Gatty; Eversheds partner Richard Pitt

For the respondent Southern Pacific Mortgages Ltd

Wilberforce Chambers’ Jonathan Seitler QC; Hardwicke’s Daniel Gatty; TLT partner Gavin Dowell

For the interested party Mortgage Express

Four New Square’s Nicole Sandells; Cobbetts partner Andrew Bennett

Tax

Felixstowe Dock and Railway Co Ltd v Revenue & Customs Commissioners (2011) UKFTT 838, First-tier Tribunal (Tax Chamber). Stephen Oliver QC; Berner J. 19 December 2011

The effect of the UK-Luxembourg Double Taxation Convention art.26(4), as applied by the Income and Corporation Taxes Act 1988 s.788(3), was that the applicant companies were entitled to group relief notwithstanding the fact that the relevant ‘link company’ did not meet the requirement in s.402(3B) of the act of being resident in the UK or a non-resident company carrying on a trade in the UK through a permanent establishment.

Questions determined

For the appellant

Gray’s Inn Tax Chambers’ Philip Baker QC and Nicola Shaw; Ernst & Young LLP in house

For the respondents

Gray’s Inn Tax Chambers’ David Goy QC; Monckton’s Gerry Facenna; GC and solicitor to HM Revenue & Customs Anthony Inglese