22nd Feb 2024
David Schmitz recently appeared for the appellant in the Court of Appeal in Campbell v NHS Business Services Authority [2023] EWCA Civ 1351, which has now been reported at [2024] Pens LR 4. The case concerned the reach of a provision in the NHS Pension Scheme Regulations 1995, which deems a person’s employment to continue […]
14th Feb 2024
Richard Dew appeared for the Claimant in this probate claim, instructed by Nicola Bushby of Boodle Hatfield. The Judge found that two of the deceased’s children procured a will at a time when the testator had no ability to understand it. The will was set aside on the grounds of lack of capacity, want of knowledge […]
17th Oct 2023
Gideon Roseman represented the successful petitioner in the latest instalment in bitterly contested unfair prejudice proceedings. The applications were for various orders designed to police the operation of a freezing injunction which the Defendant had repeatedly ignored. HHJ Baumgartner granted an order restraining the Respondent from opening further bank accounts and requiring payment of all […]
16th Oct 2023
On 12 October 2023, the Court of Appeal gave judgment in BCM Cayman Ltd v HMRC [2023] EWCA Civ 1179. This is the latest instalment in a long-running saga of tax litigation concerning the affairs of the BlueCrest fund management business. The Court of Appeal dismissed the taxpayers’ appeal in relation to £32m of disputed […]
4th May 2023
James Kirby acted for the First Defendant in James v Scudamore [2023] EWHC 996 (Ch), in which a claim to revoke a grant of probate was defeated by what the claimant’s delay in issuing proceedings. The case is legally significant because it establishes the existence of a “probate doctrine of laches”, under which a claim […]
11th Apr 2023
Evan Price acted for the successful respondents in this interesting property appeal where the issues related to a physical re-entry of commercial property. The appellants sought to appeal on grounds that the right to re-enter was waived by the landlord; that the s.146 notice was defective and so invalid; and that relief from forfeiture should […]
27th Mar 2023
On 21 March 2023, the Upper Tribunal (Tax and Chancery Chamber) handed down judgment in HFFX LLP v HMRC [2023] UKUT 73 (TCC). James Kirby acted as junior counsel for HMRC. The Upper Tribunal’s decision is the latest in a series of income tax appeals concerning corporate partner avoidance schemes, whereby LLPs in the financial […]