Dixon Coles & Gill v Baines & anr [2021] WTLR 1247

Winter 2021 #185

The appellant was a firm of solicitors. The respondents were, respectively, the Bishop and Diocesan Board of Finance of the Diocese of Leeds, into which had been absorbed the Diocese of Wakefield, which in turn had been a client of the appellant firm. The firm had acted for the Diocese in a number of conveyancing transactions during the course of their instructions. It was subsequently discovered by one of the firm’s three partners that another partner, Mrs Box, had over the course of many years made unauthorised payments from the firm’s client account, and had misappropriated millions o...

Howarth v HMRC [2019] WTLR 869

Autumn 2019 #176

The Appellant was the settlor of a family trust based in Jersey which, following the merger of two companies, held shares in TeleWork Group plc. Ordinarily a capital gains tax charge would arise on the disposal of the shares but, on the basis of legal advice, it was suggested that this could be avoided if new trustees were appointed before the disposal in a jurisdiction which had no capital gains tax and a double taxation treaty with the UK. In June 2000 the Jersey trustees retired in favour of new trustees resident in Mauritius, in August 2000 the shares were sold in the course of a flo...