A Good Friday

Article first published in Legal Week, 15 February 2007

There should have been gasps of relief in boardrooms across the country last Friday.  Was it confidence, insouciance or ignorance that led to the deafening silence?  Last year the High Court decided that the price of data concerning horse races could only be set at cost of production plus a reasonable margin.

Unjust Enrichment

Article first published in The Tax Journal, 29 January 2007

Has there been a sea-change?  In HMRC v Baines & Ernst the Court of Appeal had one of its first opportunities to consider the VAT unjust enrichment defence.  The Court told HMRC that it had adduced no evidence to prove ‘passing on’.  An experienced VAT Tribunal and the High Court had both concluded that the unjust enrichment defence had been proved by HMRC,

No Competition ~ Do Healthcare Providers Need to Worry?

Article first published in the February 2007 edition of Healthinvestor, www.healthinvestor.co.uk

Breaching competition law can cost businesses dear.  Those found to have infringed the competition rules may find themselves on the receiving end of hefty fines (up to 10 per cent of their worldwide turnover) as well as being exposed to damages claims in the courts.