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Ruth Jordan

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Ruth Jordan

Areas of Expertise

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Year of Call: 2001 rjordan@serlecourt.co.uk

Overview

Ruth's practice spans the spectrum of chancery litigation with particular emphasis recently on tax litigation, insolvency, trusts, charities and offshore work. She appears frequently (led and unled) in the High Court, Tax Tribunals, Court of Appeal and Privy Council. Ruth also has extensive experience of the offshore jurisdictions of the Bahamas, Turks and Caicos and Jersey, and is currently advising the defendants in a multi-million dollar minority shareholder dispute and derivative claim relating to ownership of a Brazilian bank; property developers in a contractual dispute on appeal to the Privy Council from the Court of Appeal of the Bahamas; and owners and property management companies in relation to issues of construction of the legislation governing ownership and management of luxury resort complexes in the TCI.

Ruth is also on the Attorney-General's panel of counsel and her government work is predominantly in the areas of tax, trusts, insolvency and charities. She appeared for HMRC in the Supreme Court appeals in Pitt v Holt and Futter v Futter.

Areas of Expertise and Cases


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Civil Fraud

Harding v Thomas [2009] acted for the Claimant in Chancery Division breach of trust, dishonest assistance and knowing receipt claim. Obtained freezing injunction and passport order; and summary judgment.

Mackinnon v The Regent Trust Company Limited [2006] Obtained an interim injunction preventing the removal of trust assets from the jurisdiction in the context of Jersey trust litigation; disclosure application; scope of and exercise of discretion under CPR r. 31.14.

SGI Group v Wijsmuller & Ors [2005]: Advised Plaintiffs in substantial cross-border fraud and international trust case involving injunctive and other relief in Jersey and Anguilla (with Victor Joffe QC).

Central Parking System v Lawrenson & Ors [2005]: acted for Claimant in Chancery Division claim involving allegations of fraud, breach of fiduciary duty and accessory liability; and obtaining freezing injunction (with Hugh Norbury).


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Company

Ardagh Group SA v Pillar Property Group Ltd [2013] EWCA Civ 900 and [2012] EWHC 3649 (Ch)  Issue of construction of a share sale agreement entered into for capital gains tax planning purposes (led by Robert Miles QC in Chancery Division and Court of Appeal).

Mercury Tax Group (In Administration) [2010] EWCA Civ 1379; [2010] S.T.I. 3242; Times, January 19, 2011 (Court of Appeal) Acted for Claimant in successful appeal against chairman's decision not to admit HMRC's claims for voting purposes. Appeal turned on construction of Insolvency Rules 2.38 and 2.39 (unled in High Court; led by George Bompas QC in Court of Appeal).

Re Stakefield (Midlands) Ltd [2010] EWHC 2518 (Ch); [2011] Bus. L.R. 457 and [2010] EWHC 3175 (Ch). Acted for Secretary of State in 3 week directors disqualification trial and in successfully resisting application to strike out proceedings on first day of trial on Art 6 HRA (right to a fair trial) grounds (led by Malcolm Davis-White QC).

Re Paulista Ltd (2010-ongoing) Currently advising the defendants in a multi-million dollar minority shareholder dispute and derivative claim relating to ownership of a Brazilian bank being litigated in the Bahamas. Currently on appeal to the Privy Council on the issue of right to bring common law derivative action.

Re A Charity Ltd  [ongoing] Acting for the Charity Commission in charity proceedings being brought against directors of the charity and others for, inter alia, breach of fiduciary duty, knowing receipt and dishonest assistance in a breach of trust.

Vago v ACP Capital Ltd [2008] Advised the plaintiff in Jersey proceedings relating to the exercise of share options. Settled.

Re City Truck Group Limited, Secretary of State for Trade and Industry v Gee & Ors [2007] EWHC 350 (Ch); [2007] All ER (D) 343 (Feb); [2008] B.C.C. 76: acted for the DTI in company directors disqualification trial involving allegations of invoice discounting fraud (with Lance Ashworth QC).

Dominion Employee Benefit Trustees Ltd v Sochos [2007] Advised Defendants in Jersey action for restitution arising out of a mistaken payment.

Split capital investment trusts [2003 –2004]: engaged by the Financial Services Authority in its investigation into alleged collusion and mis-selling by fund managers and brokers within the split capital investment trust sector which culminated in settlement with 18 of the firms who contributed to a £194 million compensation package for investors.



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Insolvency

Mercury Tax Group (In Administration) [2010] EWCA Civ 1379; [2010] S.T.I. 3242; Times, January 19, 2011 (Court of Appeal) Acted for Claimant in successful appeal against chairman's decision not to admit HMRC's claims for voting purposes. Appeal turned on construction of Insolvency Rules 2.38 and 2.39 (unled in High Court; led by George Bompas QC in Court of Appeal).

Re Stakefield (Midlands) Ltd [2010] EWHC 2518 (Ch); [2011] Bus. L.R. 457 and [2010] EWHC 3175 (Ch). Acted for Secretary of State in 3 week directors disqualification trial and in successfully resisting application to strike out proceedings on first day of trial on Art 6 HRA (right to a fair trial) grounds (led by Malcolm Davis-White QC).

Re City Truck Group Limited, Secretary of State for Trade and Industry v Gee & Ors [2007] EWHC 350 (Ch); [2007] All ER (D) 343 (Feb); [2008] B.C.C. 76: acted for the DTI in company directors disqualification trial involving allegations of invoice discounting fraud (with Lance Ashworth QC).

Sisu Capital Fund Ltd v. Tucker and others [2006] BPIR 154; [2006] 1 All ER 167: Acted for two of the four KPMG respondents in the expedited trial of a challenge by certain minority creditors to CVAs in respect of a high-profile failed energy group; probably one of the largest cases ever to deal with an application to set aside a CVA; issue as to whether officeholders could recover costs in relation to the time spent by them and their staff on the case (with Michael Briggs QC, John Machell QC and David Drake).

Re Plummer [2004] BPIR 767: acted for the Supervisor in a challenge to the validity of an IVA.


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Property

Chaffe & Ors v The Proprietors, Strata Plan No. 43 [2012] Appeared for the successful Plaintiffs in the Supreme Court of the Turks and Caicos Islands in an action re construction of the legislation governing ownership and management of luxury resort complexes in the TCI.

Oceania Heights v Willard Clarke Enterprise Ltd (2013) UKPC 3. Appeared in the Privy Council for the successful Appellants where the issue was whether a registered agreement for the sale of land took priority over a subsequent unregistered conveyance even where the conveyance was executed pursuant to an unregistered contract entered into before the relevant agreement.


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Trusts and Probate

Pitt v Holt and Futter v Futter [2011] EWCA Civ 197; (2011) 108(12) L.S.G. 19. Acted for HMRC in Supreme Court and Court of Appeal in its landmark challenge to the so-called rule in Hastings-Bass and equitable jurisdiction to set aside a voluntary disposition for mistake (led by Philip Jones QC).

Re A Charity  [ongoing] Acting for the Charity Commission in charity proceedings being brought against charity trustees and former employees for, inter alia, breach of fiduciary duty, knowing receipt and dishonest assistance in a breach of trust.

C v Mackinnon [2007] Advised counter-claimant in professional negligence counterclaim in Jersey arising out of Jersey trust litigation relating to sham trusts; including forum non conveniens challenge in Jersey Court of Appeal.

Mackinnon v The Regent Trust Company Limited [2006] Obtained an interim injunction preventing the removal of trust assets from the jurisdiction in the context of Jersey trust litigation; disclosure application; scope of and exercise of discretion under CPR r. 31.14.

SGI Group v Wijsmuller & Ors [2005]: Advised Plaintiffs in substantial cross-border fraud and international trust case involving injunctive and other relief in Jersey and Anguilla (with Victor Joffe QC).

Central Parking System v Lawrenson & Ors [2005]: acted for Claimant in Chancery Division claim involving allegations of fraud, breach of fiduciary duty and accessory liability; and obtaining freezing injunction (with Hugh Norbury).

In Re the Estate of Wilfred Samuel Lamb Deceased, Shuck v Loveridge (a child) (2005) [2005] EWHC 72 (Ch); [2005] All ER (D) 306 (Jan): acted for the successful defendant in a challenge to the validity of a codicil on the ground of lack of knowledge and approval.

Cromwell v Copley [2004] All ER (D) 339 (Feb) acted for the settlor claiming rectification of a declaration of trust.


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Administrative and Public Law

BBC Ltd v The Prime Minister of the Commonwealth of The Bahamas and others [2013] Advising the applicants in a high-profile judicial review challenge to government decisions to permit construction of a cruise ship terminal and related dredging and land reclamation activities in an area of marine significance in the Bahamas.

Coalition to Protect Clifton Bay v The Prime Minister of the Commonwealth of The Bahamas and others [2013] Advising the applicants in a high-profile judicial review challenge to various ‘no action’ decisions by the Bahamian government in relation to unauthorised land reclamation activities in the Bahamas.

RDA v Prime Minister of the Commonwealth of The Bahamas and others [2012] Advised the successful applicants a in judicial review challenge to decisions to permit a bunker C oil burning power station to be constructed and operated in area of environmental importance. Resisted application for permission to appeal to the Privy Council.

Save Guana Cay Reef Association Limited v The Minister Responsible for Crown Lands and the Treasurer of the Bahamas and Ors [2009] UKPC 44 Acted (unled) for the Appellants in a 3 day hearing before the Privy Council of an appeal against the Court of Appeal of the Bahamas' rejection of the Appellants' judicial review challenge to the Bahamian government’s decision to approve a $500m development in the Bahamas.  Obtained an injunction in the PC on the same case in 2005.



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Tax

SCOTO v HMRC Instructed in a series of appeals arising out of an avoidance scheme involving derecognition of loan relationships.

Ardagh Group SA v Pillar Property Group Ltd [2013] EWCA Civ 900 and [2012] EWHC 3649 (Ch)  Issue of construction of a share sale agreement entered into for capital gains tax planning purposes (led by Robert Miles QC in Chancery Division and Court of Appeal).

Pitt v Holt and Futter v Futter [2011] EWCA Civ 197; (2011) 108(12) L.S.G. 19. Acted for HMRC in landmark challenge to the so-called rule in Hastings-Bass and equitable jurisdiction to set aside a voluntary disposition for mistake (led by Philip Jones QC).

M R Klincke v Revenue & Customs Commissioners [2009] UKFTT 156 (TC) [2009] S.F.T.D. 466; [2009] S.T.I. 2421 Acted for successful HMRC in appeal on the construction of s.132(3) of the Taxation of Chargeable Gains Act 1992 (whether the cancellation of a currency right amounted to a conversion of loan notes within the meaning of s.132(3)) (led by Michael Gibbon QC).

Drexler & Ors v HMRC instructed by HMRC in a tax appeal on whether holding and selling artworks and wines constitutes "making or holding investments" for the purposes of business property relief.

West Bromwich Albion FC v HMRC [2009] Acted for HMRC in a tax appeal re construction of s.30 of the Capital Allowances Act 2001 relating to tax relief for a new stand for a football stadium (led by Timothy Brennan QC). Settled.

Harding v HM Revenue & Customs [2008] EWCA Civ 1164; [2008] S.T.C. 3499; 79 T.C. 885; [2008] B.T.C. 772; [2008] S.T.I. 2322 represented the successful respondent in resisting an appeal in the Court of Appeal on the construction of s.117(1)(b) of the Taxation of Chargeable Gains Act 1992 relating to the definition of qualifying corporate bonds where foreign exchange provisions have lapsed (led by Michael Furness QC).

Smith & Commissioners for HM Revenue & Customs [2007] EWHC 2304 (Ch); [2008] S.T.C. 1649; 78 T.C. 819; [2007] B.T.C. 8010; [2008] W.T.L.R. 147; [2007] S.T.I. 2560; (2007) 157 N.L.J. 1506: successfully represented HMRC in a Chancery Division appeal from the Special Commissioners on the interpretation of s.263 of the Inheritance Tax Act 1984.

HM Revenue & Customs v X plc [2007]: acted for HMRC in transfer pricing claim against global multinational which subsequently settled (with Philip Jones QC and Charles Flint QC).



All Quotes

"An accomplished advocate, who is able to deal with complex law with ease" (Legal 500 2016)
"Ruth is a clear-headed and intellectual advocate", "notable strength in matters containing financial services and fraud elements." (Chambers and Partners 2016)
"Bright and thorough" (Legal 500 2015)
"She is exremely hard-working and very reliable" (Chambers and Partners 2015)
"Sources single her out as being an astonishingly thorough and user-friendly advocate".
"Her grasp of factual information is incredible." (Chambers and Partners 2014)
"A very safe pair of hands." (Legal 500 2014)
"terrifically good on tax-related insolvency matters" (Chambers & Partners 2012)
"wins full market approval...winning the trust of solicitors "she really thinks round the issues, and has the ability to know where things might be going in a case." (Chambers & Partners 2010)
"tipped for the top...."an intelligent operator who provides an objective judgement on knotty issues." (Chambers & Partners 2009)
"commercial and effective" (Legal 500 2010/11)

Recommendations

Restructuring/Insolvency (Chambers & Partners 2009-2018)
Insolvency (Legal 500 2009-2017)

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Ruth Jordan

Ruth Jordan

Year of Call: 2001
Email: rjordan@serlecourt.co.uk

Overview

Ruth's practice spans the spectrum of chancery litigation with particular emphasis recently on tax litigation, insolvency, trusts, charities and offshore work. She appears frequently (led and unled) in the High Court, Tax Tribunals, Court of Appeal and Privy Council. Ruth also has extensive experience of the offshore jurisdictions of the Bahamas, Turks and Caicos and Jersey, and is currently advising the defendants in a multi-million dollar minority shareholder dispute and derivative claim relating to ownership of a Brazilian bank; property developers in a contractual dispute on appeal to the Privy Council from the Court of Appeal of the Bahamas; and owners and property management companies in relation to issues of construction of the legislation governing ownership and management of luxury resort complexes in the TCI.

Ruth is also on the Attorney-General's panel of counsel and her government work is predominantly in the areas of tax, trusts, insolvency and charities. She appeared for HMRC in the Supreme Court appeals in Pitt v Holt and Futter v Futter.

Areas of expertise

Recommendations

Restructuring/Insolvency (Chambers & Partners 2009-2018)
Insolvency (Legal 500 2009-2017)

Quotes

"An accomplished advocate, who is able to deal with complex law with ease" (Legal 500 2016)
"Ruth is a clear-headed and intellectual advocate", "notable strength in matters containing financial services and fraud elements." (Chambers and Partners 2016)
"Bright and thorough" (Legal 500 2015)
"She is exremely hard-working and very reliable" (Chambers and Partners 2015)
"Sources single her out as being an astonishingly thorough and user-friendly advocate".
"Her grasp of factual information is incredible." (Chambers and Partners 2014)
"A very safe pair of hands." (Legal 500 2014)
"terrifically good on tax-related insolvency matters" (Chambers & Partners 2012)
"wins full market approval...winning the trust of solicitors "she really thinks round the issues, and has the ability to know where things might be going in a case." (Chambers & Partners 2010)
"tipped for the top...."an intelligent operator who provides an objective judgement on knotty issues." (Chambers & Partners 2009)
"commercial and effective" (Legal 500 2010/11)

Civil Fraud

Harding v Thomas [2009] acted for the Claimant in Chancery Division breach of trust, dishonest assistance and knowing receipt claim. Obtained freezing injunction and passport order; and summary judgment.

Mackinnon v The Regent Trust Company Limited [2006] Obtained an interim injunction preventing the removal of trust assets from the jurisdiction in the context of Jersey trust litigation; disclosure application; scope of and exercise of discretion under CPR r. 31.14.

SGI Group v Wijsmuller & Ors [2005]: Advised Plaintiffs in substantial cross-border fraud and international trust case involving injunctive and other relief in Jersey and Anguilla (with Victor Joffe QC).

Central Parking System v Lawrenson & Ors [2005]: acted for Claimant in Chancery Division claim involving allegations of fraud, breach of fiduciary duty and accessory liability; and obtaining freezing injunction (with Hugh Norbury).

Company

Ardagh Group SA v Pillar Property Group Ltd [2013] EWCA Civ 900 and [2012] EWHC 3649 (Ch)  Issue of construction of a share sale agreement entered into for capital gains tax planning purposes (led by Robert Miles QC in Chancery Division and Court of Appeal).

Mercury Tax Group (In Administration) [2010] EWCA Civ 1379; [2010] S.T.I. 3242; Times, January 19, 2011 (Court of Appeal) Acted for Claimant in successful appeal against chairman's decision not to admit HMRC's claims for voting purposes. Appeal turned on construction of Insolvency Rules 2.38 and 2.39 (unled in High Court; led by George Bompas QC in Court of Appeal).

Re Stakefield (Midlands) Ltd [2010] EWHC 2518 (Ch); [2011] Bus. L.R. 457 and [2010] EWHC 3175 (Ch). Acted for Secretary of State in 3 week directors disqualification trial and in successfully resisting application to strike out proceedings on first day of trial on Art 6 HRA (right to a fair trial) grounds (led by Malcolm Davis-White QC).

Re Paulista Ltd (2010-ongoing) Currently advising the defendants in a multi-million dollar minority shareholder dispute and derivative claim relating to ownership of a Brazilian bank being litigated in the Bahamas. Currently on appeal to the Privy Council on the issue of right to bring common law derivative action.

Re A Charity Ltd  [ongoing] Acting for the Charity Commission in charity proceedings being brought against directors of the charity and others for, inter alia, breach of fiduciary duty, knowing receipt and dishonest assistance in a breach of trust.

Vago v ACP Capital Ltd [2008] Advised the plaintiff in Jersey proceedings relating to the exercise of share options. Settled.

Re City Truck Group Limited, Secretary of State for Trade and Industry v Gee & Ors [2007] EWHC 350 (Ch); [2007] All ER (D) 343 (Feb); [2008] B.C.C. 76: acted for the DTI in company directors disqualification trial involving allegations of invoice discounting fraud (with Lance Ashworth QC).

Dominion Employee Benefit Trustees Ltd v Sochos [2007] Advised Defendants in Jersey action for restitution arising out of a mistaken payment.

Split capital investment trusts [2003 –2004]: engaged by the Financial Services Authority in its investigation into alleged collusion and mis-selling by fund managers and brokers within the split capital investment trust sector which culminated in settlement with 18 of the firms who contributed to a £194 million compensation package for investors.

Insolvency

Mercury Tax Group (In Administration) [2010] EWCA Civ 1379; [2010] S.T.I. 3242; Times, January 19, 2011 (Court of Appeal) Acted for Claimant in successful appeal against chairman's decision not to admit HMRC's claims for voting purposes. Appeal turned on construction of Insolvency Rules 2.38 and 2.39 (unled in High Court; led by George Bompas QC in Court of Appeal).

Re Stakefield (Midlands) Ltd [2010] EWHC 2518 (Ch); [2011] Bus. L.R. 457 and [2010] EWHC 3175 (Ch). Acted for Secretary of State in 3 week directors disqualification trial and in successfully resisting application to strike out proceedings on first day of trial on Art 6 HRA (right to a fair trial) grounds (led by Malcolm Davis-White QC).

Re City Truck Group Limited, Secretary of State for Trade and Industry v Gee & Ors [2007] EWHC 350 (Ch); [2007] All ER (D) 343 (Feb); [2008] B.C.C. 76: acted for the DTI in company directors disqualification trial involving allegations of invoice discounting fraud (with Lance Ashworth QC).

Sisu Capital Fund Ltd v. Tucker and others [2006] BPIR 154; [2006] 1 All ER 167: Acted for two of the four KPMG respondents in the expedited trial of a challenge by certain minority creditors to CVAs in respect of a high-profile failed energy group; probably one of the largest cases ever to deal with an application to set aside a CVA; issue as to whether officeholders could recover costs in relation to the time spent by them and their staff on the case (with Michael Briggs QC, John Machell QC and David Drake).

Re Plummer [2004] BPIR 767: acted for the Supervisor in a challenge to the validity of an IVA.

Property

Chaffe & Ors v The Proprietors, Strata Plan No. 43 [2012] Appeared for the successful Plaintiffs in the Supreme Court of the Turks and Caicos Islands in an action re construction of the legislation governing ownership and management of luxury resort complexes in the TCI.

Oceania Heights v Willard Clarke Enterprise Ltd (2013) UKPC 3. Appeared in the Privy Council for the successful Appellants where the issue was whether a registered agreement for the sale of land took priority over a subsequent unregistered conveyance even where the conveyance was executed pursuant to an unregistered contract entered into before the relevant agreement.

Trusts and Probate

Pitt v Holt and Futter v Futter [2011] EWCA Civ 197; (2011) 108(12) L.S.G. 19. Acted for HMRC in Supreme Court and Court of Appeal in its landmark challenge to the so-called rule in Hastings-Bass and equitable jurisdiction to set aside a voluntary disposition for mistake (led by Philip Jones QC).

Re A Charity  [ongoing] Acting for the Charity Commission in charity proceedings being brought against charity trustees and former employees for, inter alia, breach of fiduciary duty, knowing receipt and dishonest assistance in a breach of trust.

C v Mackinnon [2007] Advised counter-claimant in professional negligence counterclaim in Jersey arising out of Jersey trust litigation relating to sham trusts; including forum non conveniens challenge in Jersey Court of Appeal.

Mackinnon v The Regent Trust Company Limited [2006] Obtained an interim injunction preventing the removal of trust assets from the jurisdiction in the context of Jersey trust litigation; disclosure application; scope of and exercise of discretion under CPR r. 31.14.

SGI Group v Wijsmuller & Ors [2005]: Advised Plaintiffs in substantial cross-border fraud and international trust case involving injunctive and other relief in Jersey and Anguilla (with Victor Joffe QC).

Central Parking System v Lawrenson & Ors [2005]: acted for Claimant in Chancery Division claim involving allegations of fraud, breach of fiduciary duty and accessory liability; and obtaining freezing injunction (with Hugh Norbury).

In Re the Estate of Wilfred Samuel Lamb Deceased, Shuck v Loveridge (a child) (2005) [2005] EWHC 72 (Ch); [2005] All ER (D) 306 (Jan): acted for the successful defendant in a challenge to the validity of a codicil on the ground of lack of knowledge and approval.

Cromwell v Copley [2004] All ER (D) 339 (Feb) acted for the settlor claiming rectification of a declaration of trust.

Administrative and Public Law

BBC Ltd v The Prime Minister of the Commonwealth of The Bahamas and others [2013] Advising the applicants in a high-profile judicial review challenge to government decisions to permit construction of a cruise ship terminal and related dredging and land reclamation activities in an area of marine significance in the Bahamas.

Coalition to Protect Clifton Bay v The Prime Minister of the Commonwealth of The Bahamas and others [2013] Advising the applicants in a high-profile judicial review challenge to various ‘no action’ decisions by the Bahamian government in relation to unauthorised land reclamation activities in the Bahamas.

RDA v Prime Minister of the Commonwealth of The Bahamas and others [2012] Advised the successful applicants a in judicial review challenge to decisions to permit a bunker C oil burning power station to be constructed and operated in area of environmental importance. Resisted application for permission to appeal to the Privy Council.

Save Guana Cay Reef Association Limited v The Minister Responsible for Crown Lands and the Treasurer of the Bahamas and Ors [2009] UKPC 44 Acted (unled) for the Appellants in a 3 day hearing before the Privy Council of an appeal against the Court of Appeal of the Bahamas' rejection of the Appellants' judicial review challenge to the Bahamian government’s decision to approve a $500m development in the Bahamas.  Obtained an injunction in the PC on the same case in 2005.

Tax

SCOTO v HMRC Instructed in a series of appeals arising out of an avoidance scheme involving derecognition of loan relationships.

Ardagh Group SA v Pillar Property Group Ltd [2013] EWCA Civ 900 and [2012] EWHC 3649 (Ch)  Issue of construction of a share sale agreement entered into for capital gains tax planning purposes (led by Robert Miles QC in Chancery Division and Court of Appeal).

Pitt v Holt and Futter v Futter [2011] EWCA Civ 197; (2011) 108(12) L.S.G. 19. Acted for HMRC in landmark challenge to the so-called rule in Hastings-Bass and equitable jurisdiction to set aside a voluntary disposition for mistake (led by Philip Jones QC).

M R Klincke v Revenue & Customs Commissioners [2009] UKFTT 156 (TC) [2009] S.F.T.D. 466; [2009] S.T.I. 2421 Acted for successful HMRC in appeal on the construction of s.132(3) of the Taxation of Chargeable Gains Act 1992 (whether the cancellation of a currency right amounted to a conversion of loan notes within the meaning of s.132(3)) (led by Michael Gibbon QC).

Drexler & Ors v HMRC instructed by HMRC in a tax appeal on whether holding and selling artworks and wines constitutes "making or holding investments" for the purposes of business property relief.

West Bromwich Albion FC v HMRC [2009] Acted for HMRC in a tax appeal re construction of s.30 of the Capital Allowances Act 2001 relating to tax relief for a new stand for a football stadium (led by Timothy Brennan QC). Settled.

Harding v HM Revenue & Customs [2008] EWCA Civ 1164; [2008] S.T.C. 3499; 79 T.C. 885; [2008] B.T.C. 772; [2008] S.T.I. 2322 represented the successful respondent in resisting an appeal in the Court of Appeal on the construction of s.117(1)(b) of the Taxation of Chargeable Gains Act 1992 relating to the definition of qualifying corporate bonds where foreign exchange provisions have lapsed (led by Michael Furness QC).

Smith & Commissioners for HM Revenue & Customs [2007] EWHC 2304 (Ch); [2008] S.T.C. 1649; 78 T.C. 819; [2007] B.T.C. 8010; [2008] W.T.L.R. 147; [2007] S.T.I. 2560; (2007) 157 N.L.J. 1506: successfully represented HMRC in a Chancery Division appeal from the Special Commissioners on the interpretation of s.263 of the Inheritance Tax Act 1984.

HM Revenue & Customs v X plc [2007]: acted for HMRC in transfer pricing claim against global multinational which subsequently settled (with Philip Jones QC and Charles Flint QC).

Qualifications

BA (First Class) Trinity College Dublin

M Phil Christ's College, Cambridge

Ph D Christ's College, Cambridge

PgDL, City University

Appointments

Junior Counsel to the Crown (C Panel) (2007).

Junior Counsel for the DTI in Directors' Disqualification directions hearings (2003-2006).

Admitted ad hoc to the Bar of the Turks and Calcos Islands (2012).

Memberships

Chancery Bar Association

Commercial Bar Association

Languages

French, Irish


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