Cases

Michael Gibbon KC and Maxim Cardew acted for the Official Receiver in his successful appeal to the Court of Appeal against the judgment in Shop Direct Finance Company Limited v The Official Receiver [2022] EWHC 1355 (Comm); [2022] BPIR 1280. The case arose against the backdrop of the PPI mis-selling scandal, which has...

On 22 November 2022, joint administrators were appointed to Scentrics Information Security Technologies Limited (“Scentrics”) by the executors of a deceased qualifying floating charge holder. Scentrics was described in the proceedings as a “technology IP company operating in the field of post-quantum cryptography and advanced machine learning techniques”. Mr Guruparan Chandrasekaran (Scentrics’...

Michael Gibbon QC and Maxim Cardew acted for the Official Receiver in Shop Direct Finance Company Limited v The Official Receiver [2022] EWHC 1355 (Comm). The case concerned bulk PPI complaints made in respect of thousands of bankrupt consumers of whom the Official Receiver is the trustee in bankruptcy, and in particular...

Facts The taxpayer company appealed the First-tier Tribunal's refusal of its claim that it was entitled to capital allowances in respect of the costs of launching six satellites.The International Maritime Satellite Organisation (IMSO) had entered into a series of contracts for the construction of six satellites which were novated...

Summary Michael Gibbon QC (leading James Rivett QC of Pump Court Tax Chambers) has appeared for HMRC in an important test-case central aspects of the loan relationships code, in particular the “fairly represents” provision, and the proper treatment of exchange gains and losses. Facts Three companies in the Smith & Nephew...

Summary The purchaser of a commercial unit successfully established fraudulent misrepresentation where the vendor had deliberately failed to disclose that the electricity supply to the unit came through another unit, whose owner was entitled to cut off the supply, and had also told the purchaser that a problem with the...