Bieber & ors v Teathers Ltd [2012] EWCA Civ 1466
January/February 2013 #126The defendant (Teathers) promoted a series of unregulated collective investment schemes intended to take advantage of tax reliefs available on investments in TV productions. UK tax payers were entitled to write down 100% of any expenditure on a film or TV production certified as a British Qualifying Film. The schemes had not proved successful. Many of the productions were commercial failures and a number of them had not been certified as British Qualifying Films and were illegible for the tax relief that was the rationale behind the schemes. The claimants argued that money invested in th...
Bradbury & ors v Taylor & anr [2012] EWCA Civ 1208
January/February 2013 #126William Samuel Taylor (deceased) and his late wife lived in a large property, set in 15 acres of grounds, called Lower Manaton (property), near Callington in Cornwall. The deceased made a will in 1998 by which the defendants, who were his nephew and niece, were to be allowed to occupy the property for seven years after his death, on stated terms and conditions. At the same stage in late 2000 the deceased proposed that the defendants, who lived in Sheffield, should move to Cornwall and occupy part of the property with their two children. The first defendant favoured the idea; the second d...
Buzzoni & ors v HMRCC [2012] UKUT 360 (TCC)
January/February 2013 #126On 5 June 1996 Mrs Kamhi purchased a lease (the headlease) of a flat in Knightsbridge, London. On 21 November 1997 Mrs Kamhi granted an underlease (the underlease) to Ovalap Nominees Ltd. The underlease was granted without rent or premium being payable. On the same day Mrs Kamhi created by deed a settlement. The trustee was Legis Trust Ltd and the trust property was the underlease. Ovalap entered into the underlease as bare nominee for Legis Trust Ltd.
On 24 March 2004 Parkside (Knightsbridge) Residents Ltd then granted Mrs Kamhi a new lease over the flat commencing 1 April 2003. ...
Re Clarke 10370284
January/February 2013 #126A previous order of the court had invited any parties seeking costs to lodge written submissions. Family members and the professional deputy submitted that their costs should be charged to Mrs Clarke’s estate.
Michael Clarke (the son of Mrs Clarke) wanted this decision postponed and an order for disclosure and for production of further accounts of the deputy and OPG.
Held (allowing the costs to be charged):
- (1) There was no basis for departure from the general rule.
- (2) Michael Clarke’s application was refused.