Judgment Call: September 24
24 September 2012 | By Sam Chadderton
9 January 2013
28 February 2013
1 July 2013
30 October 2013
30 October 2013
R (Rawlinson & Hunter Trustees & Ors) v (1) Central Criminal Court; (2) Director of the Serious Fraud Office and interested party Vincent Tchenguiz and between R (Robert Tchenguiz and R20 Ltd) v (1) Director of the Serious Fraud Office; (2) Commissioner of the City of London Police; (3) Central Criminal Court.  EWHC 2254 (Admin). Silber J; Sir John Thomas (President). 31 July 2012
The court set out the duties of the SFO when applying for the issue of a search warrant under the Criminal Justice Act 1987 s.2(4) in cases involving allegations of serious fraud in the financial markets.
For the claimant R (Rawlinson & Hunter Trustees & Ors)
3 Raymond Buildings’ Hugo Keith QC; Matrix Chambers’ Jonathan Glasson; Stephenson Harwood partner Sean Jeffrey
For the interested party Vincent Tchenguiz
Debevoise & Plimpton partner Peter Goldsmith QC; Matrix Chambers’ Ben Emmerson QC; Cloth Fair Chambers’ Jonathan Barnard Wilmer Hale litigation partner Stephen Pollard
For the claimant Robert Tchenguiz and R20 Ltd
Matrix Chambers’ Ken Macdonald QC; Matrix Chambers’ Alex Bailin QC; Cloth Fair Chambers’ Clare Sibson; BCL Burton Copeland partners Ian Burton and Richard Sallybanks
For the defendant SFO
Blackstone Chambers’ James Eadie QC; QEB’s Mark Ellison QC; 18 Red Lion Court’s Allison Clare; 3 Raymond Buildings’ Ben Watson
For the defendant Commissioner of the City of London Police
5 Essex Court’s Fiona Barton QC
R (on the application of Reilly) v Secretary of State for Work and Pensions.  EWHC 2292 (Admin). Foskett J. 6 August 2012
The Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011 conformed with the requirements of the Jobseekers Act 1995 s.17A. The parliamentary intention at the time s.17A was enacted was that there should be more than one scheme, but when it came to its implementation in the regulations the decision was made to have only one umbrella scheme, namely the Employment Skills and Enterprise Scheme, the essential qualities of which were adequately, if shortly, described in the regulations.
For the claimant R (on the application of Reilly)
Landmark Chambers’ Nathalie Lieven QC; Blackstone Chambers’ Tom Hickman; Public Interest Lawyers solicitor Tessa Gregory
For the defendant Secretary of State for Work and Pensions
11KBW’s Paul Nicholls QC instructed directly
Global Maritime Investments Ltd v STX Pan Ocean Co Ltd and Global Maritime Investments Ltd v Navios International Inc and Navios International Inc. v Sangamon Transportation Group  EWHC 2339 (Comm). Christopher Clarke J. 8 August 2012
The US Tax Reform 1986 clause drafted by BIMCO, on its true construction, provided for a disponent owner which had paid US gross transportation tax to be reimbursed by its charterer but did not provide for any further recovery down the chain of charterers.
For the defendant STX Pan Ocean
20 Essex Street’s Henry Byam-Cook; Holman Fenwick Willan partner George Eddings
For the defendant Sangamon
20 Essex Street’s Julian Kenny; Reed Smith partner Stephen Kirkpatrick
SerVaas Inc v Rafidain Bank.  UKSC 40. Lady Hale JSC; Lord Clarke, JSC; Lord Phillips JSC (President); Lord Reed JSC; Lord Sumption JSC. 17 August 2012
The High Court had been correct to dismiss an application for a third-party debt order in respect of moneys due to the Republic of Iraq under a scheme of arrangement. The moneys were to be paid to the Development Fund for Iraq. They were not in use, or intended for use, for commercial purposes, and they were therefore immune from execution under the State Immunity Act 1978 s.13.
For the appellants SerVaas Inc
South Square’s Martin Pascoe QC; South Square’s Richard Fisher; South Square’s Charlotte Cooke; Addleshaw Goddard’s partner Jamie Harrison and associate Sivan Daniels.
For the respondent Rafidain Bank
Brick Court Chambers’ trio Mark Howard QC, Oliver Jones and Professor Robert McCorquodale; Cleary Gottlieb Steen & Hamilton partner Jonathan Kelly
Churchill Insurance Co Ltd v Fitzgerald & Wilkinson. (2) Evans v Cockayne & Equity Claims; Secretary of State for Transport  EWCA Civ 1166. Aikens LJ; Etherton LJ; Sir Maurice Kay (VP CA Civ). 24 August 2012
To allow the Road Traffic Act 1988 s.151(8) to be interpreted in accordance with EU motor insurance directives, the notional addition of some wording was required. The proposed wording of the insurers was preferred to that of the insured victims.
For the appellant Churchill Insurance Company
12 KBW’s Stephen Worthington QC; Brick Court Chambers’ Fergus Randolph QC; Keoghs
For the respondent Wilkinson
Deans Court Chambers’ Stephen Grime QC; Serle Court’s Conor Quigley QC Potter Rees
For the appellant Evans
Serle Court’s Conor Quigley QC; Exchange Chambers’ William Waldron QC; Jerome Solicitors
For the respondent Equity Claims Ltd
Byrom Street Chambers’ Winston Hunter QC; Herzog & Associates
For the intervener Secretary of State for Transport
Blackstone Chambers’ Brian Kennelly; 39 Essex Street’s Judith Ayling instructed directly by the Treasury Solicitor
Raggett v John Lewis plc. Slade J; T Stanworth; V Branney. 17 August 2012
VAT should not be included in a costs order made by an employment tribunal if the receiving party was able to reclaim the VAT as input tax; including VAT in such circumstances would give rise to a breach of the indemnity principle.
Appeal allowed in part
For the appellant Raggett
Matrix Chambers’ Claire Darwin directly instructed by Bar Pro Bono Unit
For the respondent John Lewis Plc
2 Temple Gardens’ Hayley Mclorinan