16th Aug 2024
In Dunstan v Ball [2024] EWHC 2105 (Ch), the Defendant challenged, by way of counterclaim, the submission of the deceased’s will for probate on the basis that it had been procured by a mixture of coercion and misrepresentation by one of the deceased’s daughters. In a lengthy and careful judgment, HHJ Berkley, sitting as a […]
22nd Jul 2024
James Kirby represented HMRC in HMRC v HFFX LLP [2024] EWCA Civ 813, the latest round of litigation relating to the taxation of LLP members’ income. In a judgment handed down on 19 July 2024, the Court of Appeal held that individual members of an LLP who receive remuneration in the form of “Special Capital” […]
19th Mar 2024
Georgia Bedworth represented the Official Solicitor in BH v JH [2024] EWCOP 12, the latest reported decision on the service rules in COPR 2017 PD 9E and the only reported decision to consider the meaning of the requirement to serve a party “materially” affected by the application. The case concerned an application to vary a statutory […]
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 […]