The case was concerned about whether certain consultancy services provided by a Swiss company with a UK branch was liable to pay VAT on such services in the UK. The Court of Appeal found that the supply of services was made to a UK establishment and therefore VAT was due to be paid in the UK.
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C and D were parties to a sub contract wherein C agreed to carry out structural steelworks and roofworks. Subsequently heads of agreement were concluded. Disputes between C and D emerged and a supplemental agreement was concluded amending the sub-contract by provided that the provisions of the agreement were in full and final settlement of all disputed up to 15 February 2004. A draft certificate was subsequently prepared that included a figure for "gross evaluation to February 15, 2004". Follow ...
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It was plain that the owner of a property had not expressly or by implication granted a tenancy to the occupier prior to the coming into force of the Housing Act 1996, s.96.
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A court is entitled as a matter of construction to refer to a draft lease and infer words omitted in the actual lease where it is clear words have been omitted and what is the gist of those words.
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The shareholders and former directors of a hotel company wished to pursue an action in conspiracy on behalf of the company against its financiers and accountants. Successful at first instance their complaints against their solicitors in respect of the handling of their appeal and in particular for failing to obtain new valuation evidence to be introduced on appeal. Although the failure by the solicitors to arrange a conference with Leading Counsel in sufficient time meant that it was too late to ...
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Where the treating doctor should have referred the Claimant to a specialist the Bolitho test is inapplicable to the test of causation.
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The Defendant Lloyds broker was the administrator for several outward contracts of reinsurance to protect Lloyd’s Syndicates for 1992 and earlier years. They had been in run-off since January 2003. Equitas sought damages arising from alleged failures by the broker to provide its ledgers and other accounting documentation. There was a mutual exchange of ledgers and documents under a consent order. Ultimately the only issue between the parties was costs and some relatively small sums said to be du ...
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As a matter of principle, double jeopardy is not available as a plea in bar unless both sets of proceedings under consideration are criminal proceedings. Given the developing jurisprudence in relation to abuse of process there is no realistic scope for, nor any purpose in, developing the concept of double jeopardy beyond its established limits. Anything falling outside these limits which savours of abuse of process, or unfairness, or oppression, can be addressed and decided on now well establish ...
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Decision in relation to DJ’s decision to stay proceedings as an abuse of process due to the young D’s inability to understand the proceedings. Obiter: only the presumption of doli incapax is abolished, but not the defence itself.
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An application for an interim injunction to restrain defamation and trade mark infringement was refused. The defendant had published an advertisement which compared the results of a laboratory analysis of various nutritional supplement products for dogs. The results showed that the claimant's product contained a low level of the active ingredient. The judge held it was impossible to say that the defendant would certainly not be able to justify the allegations, and it could not be said that th ...
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