Taxing gains made by non-residents consultation
Whilst the Budget speech did not appear to mention it, Douglas Keel, a tax barrister, mentions that a Consultation Document and a Technical Note where published jointly by HM Treasure and HMRC with a view to taxing gains arising to non-residents from the disposal of UK immovable property from April 2019 and an anti-forestalling rule […]
Piers Feltham secures victory in pension appeal
Piers Feltham secured a remarkable victory for his client Mr Jossa before the Pensions Ombudsman and then on appeal in the High Court. Mr Jossa had defrauded the London Borough of Enfield of £0.5m before he was made redundant. After his fraud was discovered Enfield sought to set off his unrecovered debt to it for […]
Tom Dumont & Andrew Brown in the Privy Council
Tom Dumont, leading Andrew Brown, appeared recently in the Privy Council before Lords Sumption, Carnwath, Hughes, Hodge and the most recent appointee to the Supreme Court, Lord Briggs. They represented the Rolle Family & Company Limited on its appeal from the Court of Appeal in the Bahamas. The appeal turned on pre-incorporation conveyances of two […]
Re FW Mason & Sons Ltd (in Liquidation) [2017] EWHC 1512 (insolvency, liquidators’ remuneration and misfeasance, dishonesty)
In Re FW Mason & Sons Ltd (in Liquidation) [2017] EWHC 1512, the company’s current liquidators were claiming against its former liquidators, (one of whom was represented by Dov Ohrenstein) for alleged misfeasance and were determined to try to prove dishonesty. The allegations were serious and while Mr Justice Morgan accepted that there might be […]
Trouble in Paradise
The more glamorous side of Dov Ohrenstein’s practice has gained the attention of journalists at the Daily Mail and Daily Telegraph. Both papers have recently published articles giving details of the dispute between Anastasia Alexander and Alfred Munkenbeck about the development of a luxury property in the Caribbean. The articles can be accessed here (Daily […]
Neutral sanctuary – or intimidating location? by Justin Holmes
One aspect of the decision of Charles J in ADS v DSM [2017] EWCOP 8 is causing Court of Protection practitioners a headache as explored below by Justin Holmes. Charles J criticised the parties, and a Court of Protection visitor, for interviewing P at the house of her son, where she lived, whilst her son […]
Judgment in The Children’s Investment Fund Foundation (UK) v HM Attorney General
Mark Mullen appeared for HM Attorney General before the Chancellor of the High Court in The Children’s Investment Fund Foundation (UK) v HM Attorney General and others [2017] EWHC 1379 (Ch) in which the claimant (‘CIFF’), a company limited by guarantee and a registered charity, sought approval of the making of a grant of $360 million […]
Atkin Court Forms Volume 27(2) – Licensing & Gambling to Money
We are pleased to announce that Mark West contributed the section on Mines, Minerals and Quarries in the newly published Atkin Court Forms Volume 27(2) – Licensing & Gambling to Money.
A sporting chance in the Court of Appeal II – article by Mark West
In this continuation of his casenotes regarding the recent judgment in Regency Villas v. Diamond Resorts by the Court of Appeal, Mark West considers (i) whether the easements could exist given that there was no obligation on the defendants to maintain the facilities (ii) whether the judge was right to allow an easement over future […]
Defendant Trustee successful in BA pension scheme litigation – British Airways plc v Airways Pension Scheme Trustee Ltd [2017] EWHC 1191 (Ch)
The High Court has handed down judgment in the British Airways pension scheme litigation, dismissing BA’s claim. The dispute arose following the Government’s announcement in 2010 that it intended to use CPI instead of RPI for increasing public sector pensions. Due to its public sector origins, this new practice applied to the Airways Pension Scheme. […]
