Case Comment: Target Group Ltd v Commissioners for His Majesty’s Revenue and Customs [2023] UKSC 35
UKSC blog - UK Supreme Court Blog
by CMS
2w ago
Background In this post, Mark Whiteside, Partner at CMS, and Johanna Dodgson, Associate at CMS, comment on the Supreme Court’s judgment in Target Group Ltd v Commissions for His Majesty’s Revenue and Customs [2023] UKSC 35. Shawbrook Bank Limited (“Shawbrook”) is a provider of mortgages and loans. The appellant Target Group Ltd (“Target”) administers loans made by Shawbrook, including by operating individual loan accounts and instigating and processing payments due from borrowers. The principal issue was whether the services provided by Target qualified for exemption under the Value Added Tax ..read more
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Case Comment: Herculito Maritime Ltd and Ors  v Gunvor International BV and Ors [2024] UKSC 2
UKSC blog - UK Supreme Court Blog
by CMS
1M ago
Overview On 17 January 2024, the Supreme Court handed down  judgment in Herculito Maritime Ltd & Ors v Gunvor International BV & Ors unanimously dismissing the appeal. In this post David McKie, Partner at CMS, comments on that judgment. The case concerned whether cargo owners who were receivers under bills of lading had to make to the shipowner carrier a contribution in General Average to a ransom payment paid to Somali pirates for the release of the ship.  Cargo owners had resisted contribution on the basis that  the terms of war risks clauses in a voyage charterpa ..read more
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Case Comment: Potanina v Potanin
UKSC blog - UK Supreme Court Blog
by CMS
1M ago
In this case, Madison Ingram, a Trainee Solicitor in the technology & media team at CMS, comments on the Supreme Court decision in Potanina v Potanin [2024] UKSC 3, which was handed down on 31 January 2024. The Supreme Court decided, by a 3-2 majority, to overturn the decision of the Court of Appeal, and allow the appeal sought. In doing so, the court made rather impactful comments of which essentially alter the practice which has been followed in the process of setting aside leave under section 13 of Part III of the Matrimonial and Family Proceedings Act 1984 (“the 1984 Act”). Background ..read more
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Case Comment – Wolverhampton City Council and others v London Gypsies and Travellers and others
UKSC blog - UK Supreme Court Blog
by CMS
1M ago
In this post, Emma Pinkerton, a Partner in the Real Estate Disputes team at CMS, comments on the Supreme Court’s decision in Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47, which was handed down on 29 November 2023. In our Case Preview we discussed the background to this case in more detail but in summary the primary focus of the Supreme Court was in relation to the apparent distinction between interim and final injunctions and the impact of the grant of either on “newcomers”.  “Newcomers” are considered to be people who haven’t yet done, o ..read more
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Case Comment: TUI Limited v Griffiths [2023] UKSC 481
UKSC blog - UK Supreme Court Blog
by CMS
2M ago
In this case, Catherine McAndrew, a Senior Associate in the Insurance and Reinsurance team at CMS, comments on the Supreme Court’s decision in TUI Limited v Griffiths [2023] UKSC 48I, which was handed down on 29 November 2023. The Supreme Court considered whether it was open to a court to reject evidence, in this case expert medical evidence, which was disputed but which had not been tested by cross-examination. The claimant’s expert report supported the causation of his injury, but the expert had not been required by the defendant to give oral evidence.   The Supreme Court concluded that ..read more
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Case Comment: Independent Workers Union of Great Britain v Central Arbitration Committee and Anor. [2023] UKSC 43
UKSC blog - UK Supreme Court Blog
by CMS
2M ago
In this post, Liz Jackson, Trainee Solicitor, and Max Wiktorsson, Associate, in the Employment Team at CMS, comment on the decision from the Supreme Court in Independent Workers Union of Great Britain v Central Arbitration Committee and Anor. [2023] UKSC 43. The case was heard by the Supreme Court on 25 and 26 April 2023 and judgment was handed down on 21 November 2023. The Supreme Court held that a group of Deliveroo delivery riders were not in an employment relationship with Deliveroo, and as a result, they could not rely on the trade union rights conferred by ECHR, art 11. The Law Domestic ..read more
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Case Comment: Commissioners for His Majesty’s Revenue and Customs v Vermilion Holdings Ltd [2023] UKSC 37
UKSC blog - UK Supreme Court Blog
by CMS
2M ago
In this post, Jaspal Pachu, Graham Muir and Jasleen Kaur at CMS comment on the Supreme Court’s decision in His Majesty’s Revenue and Customs v Vermilion Holdings Ltd [2023] UKSC 37, which was handed down on 25 October 2023. Background In 2006, Vermilion Holdings Ltd (“Vermilion” or “the Company”) carried out a funding exercise as part of which Quest Advantage Limited (“Quest”) was appointed to produce a business plan and financial projections and Dickson Minto was appointed as legal advisor to assist with the fundraising. Vermilion granted a “supplier option” to each of Quest and 22 Nomin ..read more
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Case Comment: London Borough of Merton Council v Nuffield Health [2023] UKSC 18
UKSC blog - UK Supreme Court Blog
by CMS
3M ago
In this post, Lisa Fox, a senior associate in the litigation team at CMS, comments on the decision by the Supreme Court in London Borough of Merton Council v Nuffield Health [2023] UKSC 18. The issue before the Supreme Court was whether Nuffield Health is entitled to mandatory relief from non-domestic rates in respect of its occupation of its members-only gym under the Local Government Finance Act 1988. Factual background Nuffield Health acquired Merton Abbey (“the Premises”) on 1 August 2016, when it bought the business of Virgin Active. It applied to the London Borough of Merton (“Merton”) f ..read more
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Case Preview: Argentum Exploration Ltd v Republic of South Africa
UKSC blog - UK Supreme Court Blog
by CMS
3M ago
In this post, David McKie, Partner, and Dany Bitar, Associate in the litigation team at CMS, preview the decision awaited from the Supreme Court in Argentum Exploration Ltd (Respondent) v Republic of South Africa (Appellant). Factual Background In 1942, a commercial vessel, SS TILAWA, chartered for the carriage of a cargo of 2,364 bars of silver (the “Silver”) for use by the South African Mint to produce coinage in Egypt and South Africa, was torpedoed and sank in international waters in the Indian Ocean at a depth of some 2½ kilometres. The cargo was regarded as unsalvageable, but in 2017 it ..read more
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Case Preview: Potanina v Potanin
UKSC blog - UK Supreme Court Blog
by CMS
3M ago
In this post, Madison Ingram, Trainee Solicitor in the ICE Disputes team at CMS previews the decision awaited from the Supreme Court in Potanina v Potanin. The appeal was heard by the Supreme Court on 31 October – 1 November 2023. The Facts Natalia Potanina (“Wife”) and Vladimir Potanin (“Husband”) are two Russian nationals who were married from 1983 to 2014. They spent their entire marriage living in Russia. Husband claims that the couple began to live separate lives from 2007, whereas Wife claims they did not separate until 2013 when Husband told her that he wanted a divorce. Throughout thei ..read more
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