Church Of Latter Day Saints Challenges Business Rates Decision In The House Of Lords

02 Jul 2008 | by Caroline Sweeney

Last week, the House of Lords heard argument in the Church of Latter Day Saints v Gallagher (Valuation Officer) case. The appellant church challenged a decision to refuse to exempt its Preston Temple from business rates. There is a statutory exemption for places of “public worship”, but the Valuation Officer ruled that the Temple, which […]

Two Monckton Members Appointed To New FoI Panel

01 Jul 2008 | by Caroline Sweeney

Due to the increasing amount of appeals under the Freedom of Information Act 2000 (FOIA), the Treasury Solicitor’s Department has set up a specialist panel to act in FOIA appeals on behalf of Government Departments. Two members of Chambers have been successfully selected to be on the panel; George Peretz and Gerry Facenna. In addition […]

Weight Watchers Court of Appeal Judgment

30 Jun 2008 | by Caroline Sweeney

The Court of Appeal have given judgement in Weight Watchers v. HMRC. Peter Mantle represented HMRC, who successfully overturned the decision of the VAT & Duties Tribunal. The issue in this VAT case was whether or not Weight Watchers made a single supply (standard rated) to its meetings members, or separate supplies of services at […]

Tesco Appeal to Competition Appeal Tribunal

30 Jun 2008 | by Caroline Sweeney

Tesco today launched a legal challenge against one of the remedies recommended by the Competition Commission in its latest inquiry into the grocery sector. Tesco is challenging the Commission’s proposal to introduce a ‘competition assessment’ into the UK planning system. The challenge has been brought in the Competition Appeal Tribunal. The Commission, in its recent […]

Rejection of Lisbon Treaty Referendum Claim

25 Jun 2008 | by Caroline Sweeney

R (on the application of Stuart Wheeler) v Office of the Prime Minister & Anor [2008] EWHC 1409 (Admin) On 25 June, the Divisional Court (Richards LJ and Mackay J) gave judgment in favour of the Defendants, the Office of the Prime Minister and the Foreign & Commonwealth Office in the claim for judicial review […]

Mobile Telecoms Service Providers Take On Ofcom In The CAT

18 Jun 2008 | by Caroline Sweeney

On 18 June 2008, the Competition Appeal Tribunal is due to hear the appeal in Vodafone & Ors v Ofcom. Ofcom has ordered that the network operators must establish a “common database” of numbers and a system of “direct routing” of calls to ported numbers.  Porting is the process by which a consumer can retain […]

UK Supports German Stance On Taxation Of Charitable Organisations

18 Jun 2008 | by Caroline Sweeney

On 17 June, the Grand Chamber of the European Court of Justice heard a number of Member States (the U.K., France, Ireland, Spain and Greece) intervening to support the German position in the Persche case. The issue in Persche is whether a German taxpayer can claim tax relief in Germany on a cross-border donation made […]

Vitamins Cartel Reaches Court Of Appeal

16 Jun 2008 | by Caroline Sweeney

On 17 June 2008, the Devenish case continues with an appeal against the High Court judgment handed down earlier this year. Devenish purchased vitamins from members of the vitamins cartel that was the subject of a decision by the EC Commission in 2003. Devenish is seeking all, or some, of the profits earned by the […]

Security For Costs Of VAT Appeal

13 Jun 2008 | by Caroline Sweeney

In a decision in the Chancery Division in the appeals in Calltel and Opto v HMRC, delivered on 6th June 2008, Mr Justice Briggs has awarded HMRC security for its costs against the appellant taxpayers. Calltel is an appeal to the High Court from the VAT & Duties Tribunal’s decision of 20th July 2007 that […]


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