The claimant had in the past obtained an injunction to prevent the defendant broadcasting without their licence musical works belonging to their members at his nightclub. The defendant had obtained a licence, but had not renewed it. The claimants in this action sought additional damages under section 97. Held: Where the underlying infringement is established … Continue reading Phonographic Performance Ltd v Reader: ChD 22 Mar 2005
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
The claimant, a professional gambler, sued the defendant casino for his winnings. The club replied that the claimant’s methods amounted to a form of cheating, and that no liability arose to pay the winnings. Held: The claim failed. ‘The fact that the claimant is genuinely convinced that he is not a cheat and even that … Continue reading Ivey v Genting Casinos UK Ltd (T/A Crockfords Club): QBD 8 Oct 2014
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006
Taxation – whether gaming or betting and the different VAT Treatment of newer gaming machines. Citations: [2012] UKUT 347 (TCC), [2013] STC 420 Links: Bailii Jurisdiction: England and Wales Citing: At VDT (1) – The Rank Group Plc v Revenue and Customs VDT 27-May-2008 VDT EXEMPT SUPPLIES – Gaming – Mechanised cash bingo under Gaming … Continue reading HMRC v The Rank Group Plc: UTTC 4 Oct 2012
The authority sought an order restraining the defendants from operating a pool betting scheme whilst unauthorised. The defendant answered that it was not a collective investment scheme. Held: Where any property was acquired which was distinct from the contributions made, a collective scheme was created. That extra property might be something as little as a … Continue reading Financial Services Authority v Fradley and Another: ChD 21 Oct 2004
A Jersey Charity created under a will of a Jersey resident was transfer to the UK, and reregistered with the UK Charity Commission. The Revenue sought to apply Inheritance Tax. Held: Jersey was to be considered a third country for the purpose of a transfer of capital from the United Kingdom. The restriction of relief … Continue reading Routier and Another v Revenue and Customs: SC 16 Oct 2019
The plaintiff firm of solicitors sought to recover money which had been stolen from them by a partner, and then gambled away with the defendant. He had purchased their gaming chips, and the plaintiff argued that these, being gambling debts, were worthless, and that therefore no consideration had been given. Held: The casino’s defence succeeded. … Continue reading Lipkin Gorman (a Firm) v Karpnale Ltd: HL 6 Jun 1991
Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999
The claimant sought recovery of his substantial winnings from the defendant gaming club. The club had resisted saying that the methods used by the claimant at cards, called, ‘edge sorting’ was a form of cheating, a criminal offence within the section, and that therefore no claim arose. Held: The claimant’s appeal failed (Sharp LJ dissenting) … Continue reading Ivey v Genting Casinos UK Ltd (T/A Crockfords Club): CA 4 Nov 2016
ECJ Sixth VAT Directive – Article 2(1), Article 4(1) and (2), Article 5(1) and Article 6(1) – Economic activity – Supplies of goods – Supplies of services – Abusive practice – Transactions designed solely to obtain a tax advantage.The court set out the principle of abuse of right, saying: ‘in the sphere of VAT, an … Continue reading Halifax plc etc v Commissioners of Customs and Excise: ECJ 21 Feb 2006
Right of Recovery of Money Paid under Mistake Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap agreements were unlawful. Kleinwort Benson then sought restitution of … Continue reading Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998
The claimant had been a passenger in a car driven by his now partner. They had an accident in New South Wales. The car was insured in Australia. He sought leave to sue in England and Wales because Australian law would limit the damages.
Held: . .
The parties agreed that damages were payable in an action for restitution, but the sum depended upon to a calculation of interest. They disputed whether such interest should be calculated on a simple or compound basis. The company sought compound . .
