Reported cases

College of Estate Management

(2003) No: 18029 – distance learning materials – zero rated goods or exempt educational services

 

Langham v Veltema

[2002] EWHC 2689(CH); [2002] STC 1557 – discovery – self assessment – valuation - certainty Full report

 

Mansworth v Jelley

[2002] EWHC 442, [2002] EHCA Civ 1829; [2003] STC 53 - capital gains tax - ex pat. employee - options grant and exercise timing rule market value rule. Full report

 

Castleton Management Service Ltd v Kirkwood 

[2001] STC (SCD) 95 - EIS relief :meaning of accountancy services - service company providing accountants to accountancy partnership.

 

McNicholas v Customs & Excise

[2000] STC553 - Attribution of dishonesty to corporate employer - unfairness - Article 6 of Human Rights Convention.  (Note, this case was settled during the Court of Appeal hearing in February 2001.)

Palmer v Moloney
[1999] STC 890 - (Court of Appeal) - Retirement Relief - full time working officer or employee - substantially the whole of employee's time

Andrew Grant v Watton
[1999] STC 30 - Trade credit from a service company

Pret à Manger
(1999) No. 16246 - VAT - catering? - "for the purpose of"

A J Land
[1998] BVATC 2277 - Optical dispensing - supervision

Colours v IRC
[1998] STC (SCD) 93 - Tax avoidance; new approach, Profit related pay

R v Customs & Excise ex p. Lacara
(1998) Unreported - Excise duty drawback judicial review

Herbert Smith v Honour
[1997] STC (SCD) 293 - Excess rents

Foster v Williams
[1997] STC (SCD) 112 - The Cheltenham & Gloucester case

Fir v Sycamore
[1997] STC (SCD) 1 - Bad debt provision intra-group - whether permitted to pay off loan finance first

R v C & E Commrs ex p. Kay
[1996] STC 1500- VAT 3 Year cap - lawfulness of Customs action - Bill of Rights judicial review

R v Customs & Excise (ex p. Cathy’s Canes) (1996)                                   
Whether treatment of taxpayer’s products equivalent to those of competitors – legitimate expectations – fairness

Bootle v Bye
[1995] STC (SCD) 59 - Golden Handcuffs - whether employer liable for PAYE - tax presence in UK?

C & E Commrs v Leightons & Eyetech
[1995] STC 458 VAT - nature of optical supplies - meaning of supply - single composite supply or distinct supplies of goods and of services

Bjellica v C & E Commrs
[1995] STC 329 - (Court of Appeal) - VAT return period extended - 6th Directive - lawfulness of assessment - lawfulness of extension of return period beyond one year

The Royal Academy of Music
[1994] No. 11871 - education fees - whether consideration for a supply - whether outside the scope

The David Lewis Centre
(1993) No. 10860 - plant "designed" for disabled

Philip Drakard v C & E Commrs
[1992] STC 568 - VAT on HP sale - supply made by whom - value of supply

Swan Developments (Land & Co) Ltd
(1992) No. 7394 - conversion of office building to residential use

Cronin v C & E Commrs
[1991] STC 333 - driving school - supplies of tuition by self employed drivers or by school?

Vertigan v Brady
[1988] STC 91 - free accommodation - whether "customary" - expert evidence

Michael has also appeared in cases before the General Commissioners.  His experience includes not only arguing legal points, but also witness actions.  For the most part, these have involved presenting cases but professional negligence actions include defence and cross examination of the claimants’ witnesses.  Likewise valuation cases and cases against Customs have involved extensive cross examination.