Search Results for: Fraud Act 2006 1

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Grupo Torras Sa and Another v Sheikh Fahad Mohammed Al Sabah and Others: CA 26 May 1995

A UK court may continue to hear a Spanish company’s claim against it’s own directors if a court was first seized of the matter here. Where a case concerned matters as to the constitution of a company, the courts of the company in which the company was incorporated had exclusive jurisdiction.Stuart-Smith LJ: ‘The test laid … Continue reading Grupo Torras Sa and Another v Sheikh Fahad Mohammed Al Sabah and Others: CA 26 May 1995

Barnes (T/A Pool Motors) v Seabrook and Others: Admn 23 Jul 2010

In each of three cases, the former defendants sought leave to bring claims for contempt of court in respect of what it said were fraudulent claims by the respondents. The defendants argued that a party had first to go to the Attorney General. Held: ‘Notwithstanding the language of Rules 32.14 and 31.23 and, in particular, … Continue reading Barnes (T/A Pool Motors) v Seabrook and Others: Admn 23 Jul 2010

Shah v Patel and others: CA 15 Aug 2008

The appellant had been committed after failing to file evidence with the registrar after, in the insolvency of the company, another director had filed false evidence to explain missing funds. However the order had required the documents to be filed with his solicitors, and at the time he had none. Held: The appeal failed. No … Continue reading Shah v Patel and others: CA 15 Aug 2008

Boscawen and Others v Bajwa and Others; Abbey National Plc v Boscawen and Others: CA 10 Apr 1995

The defendant had charged his property to the Halifax. Abbey supplied funds to secure its discharge, but its own charge was not registered. It sought to take advantage of the Halifax’s charge which had still not been removed. Held: A mortgagee whose loan is used to repay another charged debt is subrogated to that debt, … Continue reading Boscawen and Others v Bajwa and Others; Abbey National Plc v Boscawen and Others: CA 10 Apr 1995

First National Comercial Bank plc v Humberts: CA 27 Jan 1995

The plaintiff loaned money on the basis of a negligent survey by the defendant. The borrower subsequently defaulted, and the lender issued a writ. The defendant said that the claim was time barred. Held: The court allowed the plaintiff’s appeal. A cause of action against surveyor arose only when the loss was sustained and crystalised, … Continue reading First National Comercial Bank plc v Humberts: CA 27 Jan 1995

Attorney General for Hong Kong v Reid and Others: PC 24 Nov 1993

Principalhas proprietary interest in Trust assets Bribes were taken by an employee, a crown prosecutor in Hong Kong, in a fraud on his employer. He then invested the proceeds in the purchase of property in New Zealand. The property had increased in value. The employer sought repayment of the bribes received from the properties purchased. … Continue reading Attorney General for Hong Kong v Reid and Others: PC 24 Nov 1993

JJ Manangement Llp and Others, Regina (on The Application of) v Revenue and Customs and Another: Admn 25 Jul 2019

Challenge to the lawfulness of an investigation by HMRC of tax affairs relating to the claimant’s businesses in Europe. HMRC had been claiming a right to conduct an informal investigation using the 2005 Act. The taxpayer sought judicial review of their actions. Held: The request for review was refused. The statute gave to the revenue … Continue reading JJ Manangement Llp and Others, Regina (on The Application of) v Revenue and Customs and Another: Admn 25 Jul 2019

Derby and Co Ltd v Weldon: CA 2 Jan 1989

The plaintiff sought damages for breach of contract, for negligence, breach of fiduciary duty and deceit and conspiracy. It sought a world-wide injunction. Held: A freezing order (Mareva injunction) can be made in respect of assets which were outside the jurisdiction. To meet the court’s concerns about the risk of oppression to the defendant arising … Continue reading Derby and Co Ltd v Weldon: CA 2 Jan 1989

Bermingham and others v The Director of the Serious Fraud Office: QBD 21 Feb 2006

Prosecution to protect defendant not available The claimants faced extradition to the US. They said that the respondent had infringed their human rights by deciding not to prosecute them in the UK. There was no mutuality in the Act under which they were to be extradited. Held: The Director had a discretion as to whether … Continue reading Bermingham and others v The Director of the Serious Fraud Office: QBD 21 Feb 2006

Regina v Vye etc: CACD 7 Apr 1993

Detailed guidance was given on good character directions, as to how and when they should be given, but: ‘Provided that the judge indicates to the jury the two respects in which good character may be relevant, ie credibility and propensity, this Court will be slow to criticise any qualifying remarks he may make based on … Continue reading Regina v Vye etc: CACD 7 Apr 1993

Dadourian Group International Inc and others v Simms and others: ChD 24 Nov 2006

The Claimants sought, principally, damages for fraudulent misrepresentation and conspiracy against the first to fourth Defendants and damages for breach of contract against the third and fourth Defendants.Ownership and control of a company are in themselves insufficient to dislodge the principle of separate corporate identity. In order to justify lifting the veil of incorporation, ‘special … Continue reading Dadourian Group International Inc and others v Simms and others: ChD 24 Nov 2006

Axa Insurance Ltd v Akther and Darby Solicitors and Others: CA 12 Nov 2009

The court considered the application of the limitation period to answering when damage occurred when it arises under an unsecured contingent liability. The claimant insurance company had provided after the event litigation insurance policies to the solicitors and their clients, relying on assessments of the cases made by the defendants. The court below had held … Continue reading Axa Insurance Ltd v Akther and Darby Solicitors and Others: CA 12 Nov 2009

Regus (UK) Ltd v Epcot Solutions Ltd: CA 15 Apr 2008

The appellant had contracted to provide office accomodation to the defendant. The air conditioning did not work and there were other defects. The appellant now challenged a finding of liability and that its contract terms which were said to totally exclude liability were unfair under the 1977 Act. Held: The appeal succeeded. Alternative remedies would … Continue reading Regus (UK) Ltd v Epcot Solutions Ltd: CA 15 Apr 2008

Lisowski v Regional Court of Bialystok (Poland): Admn 28 Nov 2006

The defendant resisted extradition for a fraud prosecution brought 11 years after the relevant events which occurred in 1995. He had come to England in 2000, and the first he heard of the accusation was when he was arrested in September 2006. It was not suggested that he had deliberately fled the prosecution. Held: The … Continue reading Lisowski v Regional Court of Bialystok (Poland): Admn 28 Nov 2006

Stanford International Bank Ltd, Re: CA 25 Feb 2010

Hughes LJ said: ‘it is essential that the duty of candour laid upon any applicant for an order without notice is fully understood and complied with. It is not limited to a duty not to misrepresent. It consists in a duty to consider what any other interested party would, if present, wish to advance by … Continue reading Stanford International Bank Ltd, Re: CA 25 Feb 2010

Midland Bank Plc v Cox McQueen (A Firm): CA 26 Jan 1999

Solicitors were instructed by the bank to obtain the signature of a client and of his wife to a motgage. The deed was signed by the husband and a woman pretending to be the wife. Held: The court said that it was asked whether the bank intended to ask for, and whether the solicitors intended … Continue reading Midland Bank Plc v Cox McQueen (A Firm): CA 26 Jan 1999

Williams v Brown (Victimisation Discrimination – Protected Disclosure): EAT 29 Oct 2019

The Claimant was employed by the Respondent, a Member of the Welsh Assembly. He was suspended and later dismissed by her on the given ground of conduct. He claimed that the suspension amounted to detrimental treatment on the grounds that he had made a protected disclosure, and that he was dismissed for the reason or … Continue reading Williams v Brown (Victimisation Discrimination – Protected Disclosure): EAT 29 Oct 2019

Bols Distilleries VB (T/A As Bols Royal Distilleries) and Another v Superior Yacht Services Ltd: PC 11 Oct 2006

(Gilbraltar) The parties disputed the management contract for a racing yacht, and also the juridiction of the Supreme Court of Gibraltar to hear the case. Bols said that under regulation 2(1) Gibraltar had no jurisdiction. Held: The English court had jurisdiction by virtue of the clear agreement of the parties. That parts of the agreement … Continue reading Bols Distilleries VB (T/A As Bols Royal Distilleries) and Another v Superior Yacht Services Ltd: PC 11 Oct 2006

The Law Society v Sephton and Co and others: CA 13 Dec 2004

The Society appealed dismissal for limitation of its claim against the defendant firm of accountants arising from alleged fraud in approval of a solicitor’s accounts. Held: The liability did not arise until the Society decided to make compensation to those who had been affected by the solicitor’s default. The claims in negligence were not time … Continue reading The Law Society v Sephton and Co and others: CA 13 Dec 2004

Williams v Central Bank of Nigeria: SC 19 Feb 2014

Bank not liable for fraud of customer The appellant sought to make the bank liable for a fraud committed by the Bank’s customer, the appellant saying that the Bank knew or ought to have known of the fraud. The court was asked whether a party liable only as a dishonest assistant was a trustee, and … Continue reading Williams v Central Bank of Nigeria: SC 19 Feb 2014

Royal Brunei Airlines SDN BHD v Tan: PC 24 May 1995

(Brunei) The defendants were a one-man company, BLT, and the one man, Mr Tan. A dishonest third party to a breach of trust was liable to make good a resulting loss even though he had received no trust property. The test of knowledge was an objective one: ”knowingly’ was better avoided as a defining ingredient … Continue reading Royal Brunei Airlines SDN BHD v Tan: PC 24 May 1995

Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd: HL 1 Jul 1914

The appellants contracted through an agent to supply tyres. The respondents contracted not to do certain things, and in case of breach concluded: ‘We agree to pay to the Dunlop Pneumatic Tyre Company, Ltd. the sum of 5 l. for each and every tyre, cover or tube sold or offered in breach of this agreement, … Continue reading Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd: HL 1 Jul 1914

VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013

The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for resolution of VTB’s tort claims, and nor that there was a proper basis for piercing the corporate veil. … Continue reading VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013

King v Telegraph Group Ltd: CA 18 May 2004

The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004

Zambia v Meer Care and others (1414): CA 17 Dec 2007

Two applications for permission to appeal Citations: [2007] EWCA Civ 1414 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Zambia, Attorney General of Zambia for and on Behalf of v Meer Care and Desai (A Firm) and others ChD 7-Oct-2005 Reasons for dismissal of stay for certain defendants. . . See Also – … Continue reading Zambia v Meer Care and others (1414): CA 17 Dec 2007

Zambia v Meer Care and others (1415): CA 17 Dec 2007

Citations: [2007] EWCA Civ 1415 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Zambia, Attorney General of Zambia for and on Behalf of v Meer Care and Desai (A Firm) and others ChD 7-Oct-2005 Reasons for dismissal of stay for certain defendants. . . See Also – Zambia v Meer Care and Desai … Continue reading Zambia v Meer Care and others (1415): CA 17 Dec 2007

Morris v Wentworth-Stanley: CA 4 Sep 1998

Two actions had been brought by a contractor against the partners in a farming partnership. Those actions were consolidated. One of the partners died and when the plaintiff found that out he discontinued his claims against the deceased partner and Mrs Wentworth-Stanley, the wife of that deceased partner, and proceeded solely against the third partner, … Continue reading Morris v Wentworth-Stanley: CA 4 Sep 1998

Ivey v Genting Casinos (UK) Ltd (T/A Crockfords): SC 25 Oct 2017

The claimant gambler sought payment of his winnings. The casino said that he had operated a system called edge-sorting to achieve the winnings, and that this was a form of cheating so as to excuse their payment. The system exploited tiny variances in the appearance of the sides of playing cards, and the manipulation of … Continue reading Ivey v Genting Casinos (UK) Ltd (T/A Crockfords): SC 25 Oct 2017

Secretary of State for Trade and Industry v Rogers: 1996

If fraud is to be alleged against a company director in disqualification proceedings, the allegation must be distinctly alleged and as distinctly proved. Citations: [1996] 1 WLR 1569, [1996] 2 BCLC 513 Statutes: Company Directors Disqualificatin Act 1985 Jurisdiction: England and Wales Citing: developed – In Re Carecraft Construction Co Ltd ChD 13-Oct-1993 A court … Continue reading Secretary of State for Trade and Industry v Rogers: 1996

Regina v Coutts: HL 19 Jul 2006

The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent duty to leave that option to the jury. Held: The appeal succeeded. The judge should have left a manslaughter … Continue reading Regina v Coutts: HL 19 Jul 2006

Paragon Finance Plc (Formerly Known As National Home Loans Corporation Plc v D B Thakerar and Co (a Firm); Ranga and Co (a Firm) and Sterling Financial Services Limited: CA 21 Jul 1998

Where an action had been begun on basis of allegations of negligence and breach of trust, new allegations of fraud where quite separate new causes of claim, and went beyond amendments and were disallowed outside the relevant limitation period. Sections 23 and 36 and the absence of express statutory mention in the 1980 Act of … Continue reading Paragon Finance Plc (Formerly Known As National Home Loans Corporation Plc v D B Thakerar and Co (a Firm); Ranga and Co (a Firm) and Sterling Financial Services Limited: CA 21 Jul 1998

Weston v Gribben and Another: CA 2 Nov 2006

The claimant sought damages claiming to have been defrauded of property in Spain. Judges: Sedley LJ, lloyd LJ, Hallett LJ Citations: [2006] EWCA Civ 1425 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Weston v Gribben ChD 20-Dec-2005 . . Lists of cited by and citing cases may be incomplete. Torts – Other, … Continue reading Weston v Gribben and Another: CA 2 Nov 2006

City Index Ltd and others v Gawler and others; Charter plc v City Index Ltd: CA 21 Dec 2007

A senior employee of Charter had fraudulently spent substantial sums with City Index. City Index had paid out on a claim of knowing receipt, and sought contributions from directors of Charter and their auditors, saying that they had known of the fraud and done nothing. They now appealed summary dismissal of the claim. Held: The … Continue reading City Index Ltd and others v Gawler and others; Charter plc v City Index Ltd: CA 21 Dec 2007

Ahmad and Aswat v United States of America: Admn 30 Nov 2006

The defendants appealed orders for their extradition. They were suspected of terrorist offences, and feared that instead of facing a trial, they would be placed before a military commission. Held: The appeals failed. The court had diplomatic notes from the US government guaranteeing trial before an ordinary court, and that they would not be designated … Continue reading Ahmad and Aswat v United States of America: Admn 30 Nov 2006

Rank Film Distributors v Video Information Centre: HL 1 Mar 1981

The plaintiffs claimed large-scale copyright infringement, and obtained Anton Pillar orders. The House considered the existence of the privilege against self-incrimination where the Anton Piller type of order has been made. The Court of Appeal had decided that the court should abstain from making an order ex parte requiring immediate answers to interrogatories or disclosure … Continue reading Rank Film Distributors v Video Information Centre: HL 1 Mar 1981

Thomas Witter v TBP Industries Ltd: ChD 15 Jul 1994

An award of damages for misrepresentation required that there had at some time been a right of rescission, not necessarily a continuing right to rescind. An acknowledgement of non-reliance clause has become a common part of modern commercial contracts. An entire agreement clause limits the terms of the parties’ agreement to their written agreement and … Continue reading Thomas Witter v TBP Industries Ltd: ChD 15 Jul 1994

GSM Export (UK) Ltd and Another v Revenue and Customs: FTTTx 5 Dec 2012

FTTTx Value Added Tax – MTIC appeal by two closely-related companies that had clearly traded in the legitimate grey market in mobile phones – whether various deals effected in the months of April, May and July 2006 that had been traced to fraudulent losses of VAT were deals where the Appellants knew or ought to … Continue reading GSM Export (UK) Ltd and Another v Revenue and Customs: FTTTx 5 Dec 2012

Benham Limited v Kythira Investments Ltd and Another: CA 15 Dec 2003

The appellant complained that the judge had accepted a case of no case to answer before the close of the claimant’s case and without putting them to their election. The claimant estate agents sought payment of their account. The defendants alleged a fraud by an employee of the claimants who had now left. The claimants … Continue reading Benham Limited v Kythira Investments Ltd and Another: CA 15 Dec 2003

Department for Work and Pensions v Courts: Admn 3 May 2006

The appellant challenged stays of proceedings by the respondent magistrates court for abuse of process infringing the defendants’ human right to a fair trial. The magistrates had fund that being faced with dismissal of a summary case through delay, the appellant had increased the charges adding allegations of dishonesty which had not been put to … Continue reading Department for Work and Pensions v Courts: Admn 3 May 2006

Brewer, Regina (on the Application of) v Supreme Court Costs Office: Admn 27 Jul 2006

The defendant had been acquitted. Orders had been made both for payment of his legal costs, and also for re-imbursement of his own costs. The defendant was accused of serious fraud, and had engaged an American attorney to assist him before instructing English solicitors. Held: It was preferable for such costs applications to be made … Continue reading Brewer, Regina (on the Application of) v Supreme Court Costs Office: Admn 27 Jul 2006

Starlight Shipping Co v Allianz Marine and Aviation Versicherungs Ag and Others: CA 20 Dec 2012

The Alexander T, owned by the appellant and insured by the respondents was a total loss. The insurers resisted payment, the appellant came to allege improperly, and the parties had settled the claim on full payment under a Tomlin Order. The owners later began proceedings in Greece claiming what the defendants said were the same … Continue reading Starlight Shipping Co v Allianz Marine and Aviation Versicherungs Ag and Others: CA 20 Dec 2012

Dar v Vonsak and Another: QBD 17 Dec 2012

The second defendant insurers appealed against a refusal by the court to allow it to withdraw an admission of liability in respect of a road traffic accident. The insurer said that the fact that it now saw the accident as fraudulent was an exceptional circumstance such as to allow the change. Held: The appeal failed. … Continue reading Dar v Vonsak and Another: QBD 17 Dec 2012

Rex v BXR: CACD 10 Nov 2022

Judges: Lord Justice Popplewell Mr Justice Johnson And His Honour Judge Picton Citations: [2022] EWCA Crim 1483 Links: Bailii Statutes: Immigration Act 1971 24B, Fraud Act 2006 1, Identity Documents Act 2010 4(1) 4(2) Jurisdiction: England and Wales Crime Updated: 12 November 2022; Ref: scu.682710

Masri v Consolidated Contractors International Co Sal and Others: HL 30 Jul 2009

The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside the rule-maker’s power. Held: Even though the rule-making power is wide … Continue reading Masri v Consolidated Contractors International Co Sal and Others: HL 30 Jul 2009

Caley and Others (Guilty Pleas) v Regina: CACD 21 Dec 2012

Wilkie J considered the effect on sentence of a guilty plea where a trial would otherwise have been very long and expensive. He said: ‘. . A third case which is sometimes treated as meriting exceptional treatment is the exceptionally long and complex trial, whether in fraud or otherwise (such as people trafficking, complex drug … Continue reading Caley and Others (Guilty Pleas) v Regina: CACD 21 Dec 2012

Knapp v Ecclesiastical Insurance Group Plc and Another: CA 30 Oct 1997

A claim in negligence was brought against insurance brokers for failing to advise the claimant of certain matters with the result that an insurance policy entered into by the claimant was voidable for non-disclosure. Held: The claimant suffered damage when the policy was entered into: ‘the cause of action can accrue and the plaintiff have … Continue reading Knapp v Ecclesiastical Insurance Group Plc and Another: CA 30 Oct 1997

Antonelli v Secretary of State for Trade and Industry: CA 31 Jul 1997

The Secretary of State had the right to take account of a foreign criminal conviction against property, when assessing the fitness of a Estate Agent to act as such, even though the offence also took place before the Act came into effect. The statute had been introduced to protect the public against the activities of … Continue reading Antonelli v Secretary of State for Trade and Industry: CA 31 Jul 1997

Arrow Nominees Inc, Blackledge v Blackledge: ChD 2 Nov 1999

The applicants sought to strike out a claim under section 459. The two companies sold toiletries, the one as retail agent for the other. They disputed the relationship of the companies, and the use of a trading name. Documents were disclosed which appeared to be fabrications. Held: Where a party was in breach of court … Continue reading Arrow Nominees Inc, Blackledge v Blackledge: ChD 2 Nov 1999

Afzal v Europackaging Ltd: EAT 25 Oct 2006

EAT Unfair Dismissal – Automatically unfair reasonsTrade Union Rights – Dismissal The Claimant was dismissed when his employer took the view that he had fraudulently produced documents to excuse his prolonged absence in Pakistan. The Claimant was an FOC who contended his dismissal was on account of his trade union activities. The Tribunal found that … Continue reading Afzal v Europackaging Ltd: EAT 25 Oct 2006

Lonsdale v Howard and Hallam Ltd: CA 8 Feb 2006

The claimant sought damages after his agency with the defendants was terminated. The central issue was whether compensation was to be calculated at two years commission as derived from French practice or otherwise. Held: ‘there is no clear agreement on the principles governing the assessment of compensation under regulation 17(6) . . . the common … Continue reading Lonsdale v Howard and Hallam Ltd: CA 8 Feb 2006

Savings and Investment Bank Ltd (In Liquidation) v Fincken: CA 14 Nov 2003

Parties to litigation had made without prejudice disclosures. One party sought to give evidence contradicting the dsclosure, and the other now applied for leave to amend based upon the without prejudice statements to be admitted to demonstrate the perjury. Held: The court had to balance the competing needs of fairness and expedition. There was nothing … Continue reading Savings and Investment Bank Ltd (In Liquidation) v Fincken: CA 14 Nov 2003

Alipour v Ary and Schweininger: CA 17 Dec 1996

The petitioner appealed against rejection of his contributor’s winding up petition. Held: The Companies court was the appropriate place to determine a dispute on winding up petition. A dispute on locus standi can be dealt with in the winding-up proceedings without necessitating a stay of the petition, provided that the petition is not likely to … Continue reading Alipour v Ary and Schweininger: CA 17 Dec 1996

Silcott v Commissioner of Police of the Metropolis: CA 24 May 1996

The claimant had been convicted of the murder of PC Blakelock. The only substantial evidence was in the form of the notes of interview he said were fabricated by senior officers. His eventual appeal on this basis was not resisted. He now appealed against the striking out of his actions for conspiracy to pervert the … Continue reading Silcott v Commissioner of Police of the Metropolis: CA 24 May 1996

In Re Edennote Ltd; Tottenham Hotspur plc v Ryman: CA 21 May 1996

The company was in liquidation. Terence Venables, who had owned the shares, had taken an assignment of a cause of action against the football club. The court had set aside that assignment, and removed the liquidator. Venables now appealed saying that the court had been wrong to intervene. Held: The appeal succeeded in part. The … Continue reading In Re Edennote Ltd; Tottenham Hotspur plc v Ryman: CA 21 May 1996

Lancashire County Council v Municipal Mutual Insurance Ltd: CA 3 Apr 1996

The defendant agreed to indemnify the insured ‘in respect of all sums which the insured shall become legally liable to pay as compensation arising out of’ various matters including wrongful arrest, malicious prosecution and false imprisonment. The insurer contended that the use of the word ‘compensation’ excluded awards of exemplary damages. Held: The contention was … Continue reading Lancashire County Council v Municipal Mutual Insurance Ltd: CA 3 Apr 1996

Polly Peck International Plc v Nadir and Others: CA 17 Mar 1993

For a bank to be sued for breach of trust after receipt of funds, it was not necessary to show that the bank knew of the fraud, but rather that it knew the funds were trust funds, and that they were being misapplied. A Mareva injunction should be issued against a bank only after great … Continue reading Polly Peck International Plc v Nadir and Others: CA 17 Mar 1993

Neste Chemicals SA and Others v DK Line Sa and Another (“The Sargasso”): CA 4 Apr 1994

An English Court becomes seised of a case on the service of the writ. Steyn LJ: ‘the general thrust of the Dresser UK Ltd case is not only binding on us but . . . is correct’. There were no ‘exceptions to the rule that date of service marks the time when the English court … Continue reading Neste Chemicals SA and Others v DK Line Sa and Another (“The Sargasso”): CA 4 Apr 1994

Harbour Assurance Co (UK) Ltd v Kansa General International Insurance Co Ltd: CA 7 Apr 1993

An action was brought by re-insurers for a declaration that reinsurance policies were void for illegality, and that the plaintiffs were not liable under them. The illegality alleged was that the defendants were not registered or approved to carry on insurance or reinsurance business under the Insurance Companies Acts. The illegality was denied, and the … Continue reading Harbour Assurance Co (UK) Ltd v Kansa General International Insurance Co Ltd: CA 7 Apr 1993

Else Refining and Recycling Ltd v Revenue and Customs: FTTTx 23 Jul 2012

VALUE ADDED TAX – MTIC – HMRC’s refusal to repay VAT on supplies connected with fraudulent VAT evasion – connection conceded by the appellant – only issues were whether the appellant knew or should have known of the connection – Axel Kittel v Belgian State and Mobilx v Commissioners for HMRC considered – held the … Continue reading Else Refining and Recycling Ltd v Revenue and Customs: FTTTx 23 Jul 2012

Vibixa Ltd, Polestar Jowetts Ltd v Komori UK Ltd and Another, Spectral Technology Ltd: CA 9 May 2006

The claimants sought damages for damage to property alleging breach of statutory duty. The defendant said that the regulations were made under European not English law, and that the Secretary of State did not have power to make regulations under the 1974 Act which would give rise to a right to damages. The regulations had … Continue reading Vibixa Ltd, Polestar Jowetts Ltd v Komori UK Ltd and Another, Spectral Technology Ltd: CA 9 May 2006

Taylor v Davies: PC 19 Dec 1919

(Ontario) An assignee for the benefit of creditors conveyed mortgaged property to the mortgagee in satisfaction of part of the debt due to him. The mortgagee was also one of the inspectors required by the Canadian legislation to supervise the conduct of assignments for the benefit of creditors. Twelve years after the conveyance creditors commenced … Continue reading Taylor v Davies: PC 19 Dec 1919

OB v The Director of The Serious Fraud Office: CACD 2 May 2012

The court considered an application by the defendant for leave to appeal to the Supreme Court, noting that section 13 of the 1960 Act did not provide for such a right after the 2006 Act. Held: The words could not themselves be construed to preserve the existence of an appeal, but the criteria set out … Continue reading OB v The Director of The Serious Fraud Office: CACD 2 May 2012

Crown Prosecution Service (Decision Notice): ICO 23 Feb 2011

In 2009 Baroness Uddin was interviewed by the Metropolitan Police with regards to whether she had committed an offence under the Theft Act 1968 or the Fraud Act 2006 in claiming Parliamentary expenses. In March 2010 the Crown Prosecution Service (CPS) announced that having considered the case carefully it had concluded that there was insufficient … Continue reading Crown Prosecution Service (Decision Notice): ICO 23 Feb 2011

Senergy (UK) Ltd v Revenue and Customs: VDT 23 Aug 2006

INPUT TAX – Whether there was a genuine trade in golf clubs – Whether Appellant knowingly involved in sham transactions – Whether single event unequivocally indicating fraud necessary for finding trade a sham INVOICES – Whether invoices comply with requirements of Reg. 29 of VAT Regulations 1995 and/or Article 22(3)(b) of the Sixth Directive – … Continue reading Senergy (UK) Ltd v Revenue and Customs: VDT 23 Aug 2006

Regina v Morris (David); Anderton v Burnside: HL 2 Jan 1983

The defendants had been accused of theft. One switched labels on a joint of pork in a supermarket, and the other presented the meat with the now cheaper label for purchase. Held: The appeals were dismissed. There can be no conviction for theft unless all four elements contained in section 1(1) are proved; (b) for … Continue reading Regina v Morris (David); Anderton v Burnside: HL 2 Jan 1983

Smith and Grady v The United Kingdom: ECHR 27 Sep 1999

The United Kingdom’s ban on homosexuals within the armed forces was a breach of the applicants’ right to respect for their private and family life. Applicants had also been denied an effective remedy under the Convention. The investigations into private lives and sexual activity were intrusive, and given the excessive consequences following, were also striking … Continue reading Smith and Grady v The United Kingdom: ECHR 27 Sep 1999

Davis and Dann Ltd and Another v Revenue and Customs: FTTTx 17 Jan 2012

FTTTx Value Added Tax – MTIC appeal involving purchases of razor blades by the Appellants in April and May 2006 – whether the Appellants should have known that their purchases were connected to the fraudulent evasion of VAT – appeals dismissed Citations: [2012] UKFTT 55 (TC) Links: Bailii Jurisdiction: England and Wales Cited by: Appeal … Continue reading Davis and Dann Ltd and Another v Revenue and Customs: FTTTx 17 Jan 2012

OB v The Director of The Serious Fraud Office: CACD 1 Feb 2012

The court was asked whether a breach of an order under section 41 of the 2002 Act was a civil or a criminal contempt of court. The defendant had fled to the US to avoid complying with restraint orders on being investigated for financial fraud. He had been found guilty of contempt after fleeing. Held: … Continue reading OB v The Director of The Serious Fraud Office: CACD 1 Feb 2012

Microring Ltd v Revenue and Customs (Value Added Tax – Kittel Denial of Input Tax): FTTTx 12 Jul 2019

VALUE ADDED TAX — Kittel denial of input tax – strike out applications – whether issue estoppel applies – no – whether HMRC should be barred from part of the proceedings – no – – whether Appellant’s appeal should be struck out in part – no – whether HMRC’s Statement of Case may be amended … Continue reading Microring Ltd v Revenue and Customs (Value Added Tax – Kittel Denial of Input Tax): FTTTx 12 Jul 2019

OPO v MLA and Another: QBD 18 Jul 2014

A boy now sought an interim injunction to restrain his father, the defendant classical musician, from publishing his autobiography which mentioned him. The book would say that the father had suffered sexual abuse as a child at school. Held: OPO’s claim was an attempt by the mother to stop the father from selling his life … Continue reading OPO v MLA and Another: QBD 18 Jul 2014

Koshy v Deg-Deutsche Investitions-Und Entwicklungsgesellschaft Mbh: ChD 20 Jan 2006

Judges: Rimer J Citations: [2006] EWHC 17 (Ch) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Koshy v Deg-Deutsche Investitions – Undentwicklungs Gesellschaft Gmbh CA 24-Nov-2003 One party had been ordered to pay the costs of an unsuccessful attempt to discharge injunctions and strike out the action. The applications failed (badly) and the … Continue reading Koshy v Deg-Deutsche Investitions-Und Entwicklungsgesellschaft Mbh: ChD 20 Jan 2006

Totel Distribution Ltd v Revenue and Customs: FTTTx 31 Mar 2011

VAT – MTIC – contra-trading – clean chain broker – knew or should have known? – yes – appeal dismissed. Citations: [2011] UKFTT 217 (TC) Links: Bailii Citing: See Also – Totel Distribution Ltd v Customs and Excise VDT 24-Feb-2005 VDT VAT – input tax – alleged carousel fraud – Commissioners unable to establish circulation … Continue reading Totel Distribution Ltd v Revenue and Customs: FTTTx 31 Mar 2011

Sharma v Brown-Antoine, Deputy Director of Public Prosecutions and others: PC 30 Nov 2006

(Trinidad and Tobago) Complaint was made as to a decision to begin professional discliplinary proceedings against a senior member of the judiciary. Held: Although a decision to prosecute was in principle susceptible to judicial review on the ground of interference with a prosecutor’s judgment, such relief would in practice be granted extremely rarely and that … Continue reading Sharma v Brown-Antoine, Deputy Director of Public Prosecutions and others: PC 30 Nov 2006

Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned. Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights where there was a conflict between them. ‘If the Security Council, acting under Chapter VII, consider that … Continue reading Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

Playa Larga (Owners of Cargo Lately Laden on Board) v I Congresso del Partido (Owners): HL 1983

The concept of absolute immunity for a Sovereign adopts a theory of restrictive immunity in so far as it concerns the activities of a State engaging in trade: (Lord Wilberforce) ‘It was argued by the [appellants] that even if the Republic of Cuba might appear to be entitled to plead the state immunity, it should … Continue reading Playa Larga (Owners of Cargo Lately Laden on Board) v I Congresso del Partido (Owners): HL 1983

Zambia, Attorney General v Meer Care and Desai (A Firm) and others: ChD 22 May 2006

Judges: Peter Smith J Citations: [2006] EWHC 1179 (Ch) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Zambia v Meer Care and Desai (A Firm) and others CA 7-Mar-2006 The appellant sought a stay of the action brought against them. The cliamants sought the return of goernment funds said to have been misappropriated. … Continue reading Zambia, Attorney General v Meer Care and Desai (A Firm) and others: ChD 22 May 2006

JSC BTA Bank v Khrapunov: SC 21 Mar 2018

A had been chairman of the claimant bank. After removal, A fled to the UK, obtaining asylum. The bank then claimed embezzlement, and was sentenced for contempt after failing to disclose assets when ordered, but fled the UK. The Appellant, K, was A’s son-in-law living in Switzerland. It was claimed that he had assisted A … Continue reading JSC BTA Bank v Khrapunov: SC 21 Mar 2018

High Tech International Ag and others v Deripaska: QBD 20 Dec 2006

The clamants brought actions for damages for torts said to have been committed by the defendants in Russia. They said that the defendant was domiciled within the jurisdiction under the EU Regulation. Held: Domicile for the issue of jurisdiction is now governed by the 1982 Act. It would not be realistic to describe the defendant … Continue reading High Tech International Ag and others v Deripaska: QBD 20 Dec 2006

Drouzhba v Wiseman and Another: QBD 3 Nov 2006

Judges: Irwin J Citations: [2006] EWHC 2708 (QB) Links: Bailii Statutes: Statute of Frauds (Amendment) Act 1828 Jurisdiction: England and Wales Cited by: Appeal from – Contex Drouzhba Ltd v Wiseman and Another CA 20-Nov-2007 The defendant was a director of a company. He signed a letter for the company promising to pay for goods … Continue reading Drouzhba v Wiseman and Another: QBD 3 Nov 2006

Idrees v Director of Public Prosecutions: Admn 15 Feb 2011

The defendant appealed against a rejection of his submission of no case to answer on a charge under the 2006 Act where somebody had taken a driving test in his name. Held: The evidence was ample to justify the magistrates’ conclusion. It was so clear that a case might have been refused. Judges: Moses LJ … Continue reading Idrees v Director of Public Prosecutions: Admn 15 Feb 2011

Totel Ltd, Regina (on The Application of) v The First Tier Tribunal (Tax Chamber) and Others: Admn 24 Mar 2011

The claimant sought to appeal against refusal of relief from payment of sums assessed by way of penalty, on the basis of hardship. HMRC argued that the right of appeal underthe 2007 Act had been taken away by the 1994 Act. Judges: Simon J Citations: [2012] QB 358, [2011] BVC 211, [2012] 2 WLR 435, … Continue reading Totel Ltd, Regina (on The Application of) v The First Tier Tribunal (Tax Chamber) and Others: Admn 24 Mar 2011

Compania Naviera Vascongado v Steamship “Cristina”: HL 1938

A state-owned ship that was used for public purposes could not be made the subject of proceedings in rem. Lord Atkin described the absolute immunity of a sovereign of a foreign state within this jurisdiction: ‘The foundation for the application to set aside the writ and arrest of the ship is to be found in … Continue reading Compania Naviera Vascongado v Steamship “Cristina”: HL 1938

Golder v The United Kingdom: ECHR 21 Feb 1975

G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his civil rights . . everyone is entitled to a fair . . hearing’, … Continue reading Golder v The United Kingdom: ECHR 21 Feb 1975

McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001

Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint. Held: Rules granting the State immunities, did not infringe the applicants’ right to … Continue reading McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001