Judgment Call: September 24

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. [2012] EWHC 2254 (Admin). Silber J; Sir John Thomas (President). 31 July 2012

Banking and finance

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.

Judgment accordingly

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

Ken Macdonald
Ken Macdonald

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

James Eadie

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

Social security

R (on the application of Reilly) v Secretary of State for Work and Pensions. [2012] 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.

Application refused

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 [2012] 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.

Judgment accordingly

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

Banking and finance

SerVaas Inc v Rafidain Bank. [2012] 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.

Appeal dismissed

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 [2012] 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.

Appeals allowed

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