Latest Cases

Money – Loan. The first and third defendants sought to recoup loans to the claimant based on the security of her musical instrument. The claimant disputed the claims on the basis that the loan was not enforceable by reference to provisions of the Consumer Credit Act 1974 in relation to the first defendant and that the third defendant's loan had not been validly executed. The Queen's Bench Division held that both defendants were entitled to recoup the monies loaned. 

Sentence – Appeal. The defendants, G (aged 42), F (aged 28) and R (aged 56) had pleaded guilty to one count of burglary of a bookmakers. They each received a sentenced of three years' imprisonment and subsequently appealed against that sentence, contending that it was manifestly excessive. The Court of Appeal, Criminal Division, allowed the appeal of F, who was the youngest of the three and had never been convicted of a burglary offence or served a term of imprisonment. F's sentence was reduced to two years' imprisonment. G and R's appeals were dismissed. 

Solicitor – Disciplinary proceedings. The Divisional Court dismissed the appellant registered European lawyer's appeal against the respondent Solicitors Regulation Authority's disciplinary tribunal's findings of misconduct by the appellant and the sanction imposed of withdrawal from the register of European lawyers. 

Criminal evidence and procedure – Sentencing. High Court of Justiciary: Refusing appeals against their convictions and sentences by three appellants who were convicted of assault to severe injury, abduction and robbery, the court rejected contentions that there was insufficient evidence of antecedent concert and that the trial judge's directions on mixed statements were inadequate, and held that the judge was correct to conclude that the only basis for distinguishing between the appellants was by comparing their criminal records and that he could not be faulted in his selection of appropriate periods of incarceration. 

Value added tax – Input tax. The First-tier Tribunal (the FTT) ruled on an appeal by Grimshaw Properties Ltd (GPL) against five decisions of the Revenue and Customs Commissioners in respect of GPL's claims for input tax relating to five invoices in respect of legal services provided to GPL and a penalty imposed on GPL in respect of one of those invoices. The FTT allowed the appeal in part, deciding that GPL was entitled to its claims in respect of some of the invoices but not others. 

Value added tax – Zero-rating. The First-tier Tribunal (Tax and Chancery Chamber) decided that the disposal by an Isle of Man Company, Rondini Ltd, of an interest in land in Lancashire to a charity was not zero-rated pursuant to Item 2 of Group 15 of Sch 9 to the Value Added Tax (Isle of Man) Act 1996. 

Particulars of claim – Amendment – Leave to amend – Claim alleging infringement of rights owned by various claimants in materials and data relating to professional football matches played in England, Wales and Scotland. The proceedings concerned the rights owned by various claimants in materials and data relating to professional football matches played in England, Wales and Scotland. Liability had been established against the first and second defendants and another company. However, permission was granted for an appeal to the Supreme Court. The Chancery Division refused the claimants' application to re-amend its particulars of claim as the amendment sought would be an abuse of process. 

University – Student. The claimant sought judicial review of the decision of the defendant Office of the Independent Adjudicator for Higher Education, finding his complaint was partly justified, and recommending an apology, the return of his course fees and a compensation for the distress and inconvenience. The Administrative Court, in dismissing the application, rejected the claimant's challenges to the decision and held that the award of compensation had been within the bracket of reasonable figures. 

Mental health – Persons who lack capacity. An application was made by the NHS Trust for a declaration that it would be lawful to withhold a blood transfusion from LM, a gravely ill 63-year-old female Jehovah's Witness. The Court of Protection held, considering the concept of capacity under the Mental Capacity Act 1983, that LM had the capacity to decide whether to accept or refuse a blood transfusion and that decision taken by LM prior to her loss of capacity was applicable to her later more serious condition. 

Value added tax – Supply of goods and services. The Upper Tribunal (Tax and Chancery Chamber) dismissed the taxpayer's appeal against a decision of the First-tier Tribunal (Tax Chamber) (the FTT) in which the FTT had decided that the taxpayer's construction of a new building in the grounds of his house had been an annexe to his existing cottage and therefore had not qualified as a construction of a building for the purposes of Item 2 of Group 5 of Sch 8 to the Value Added Tax Act 1994 and was consequently chargeable to VAT at the standard rate.