We successfully settled a claim on behalf of a company against a former employee.
This related to work unlawfully undertaken by the employee during his employment and after leaving the company in breach of his employment contract and post-employment ‘restraint of trade’ clauses.
This matter was successfully settled following our threat of litigation and subsequent negotiation between the Defendant and us. The offending employee paid all unlawfully received monies back to our client.
Richard Gray was assigned the role of teaching a firm of solicitors the various techniques in the presentation of an Employment Tribunal Claim. He taught the presentation of evidence, the preparation of bundles of documents and, above all, the preparation of effective witness statements on behalf of the client.
The firm at that stage was embryonic but determined to break into this specialist field. Richard’s lectures on presentation and advocacy were well received by the solicitors and paralegals assigned, and the training was deemed a great success.
We were instructed by large groups in multiple claims for professional negligence, breach of trust and breach of contract against conveyancing solicitors relating to failed off-plan residential development schemes.
These claims were similar whilst involving different developments: Buyers typically paid large deposits of 50%-80% of the total purchase price. When the developments failed, the buyers lost their deposits with little to no building work completed. Elysium Law acted for nine separate groups and conducted successful and complex litigation. Each case was settled to the great satisfaction of our clients, and we obtained many multi-million-pound recoveries for our client groups.
We were approached to implement tax planning for a family with significant property and investment company wealth. We reviewed advice given by a previous adviser, which we believe would be caught under the Disclosure of Tax Avoidance Scheme rules, and strongly advised against its implementation. Having considered the assets both here and outside the UK, we devised and implanted IHT advice using the Potentially Exempt Transfer rules and the use of Qualifying Non-UK Pension Schemes.
By providing clear and comprehensive tax advice in many areas, we established a non-aggressive structure that gave the family what they wanted, advising on all aspects and successfully working with their accountant.
We were instructed to defend claims made against loan charge contractors who entered into marketed tax avoidance schemes but were described as legitimate tax mitigation by way of loan payments.
The individuals we represented numbered over 150, and the loans were being called in by a third party.
Our technology has enabled us to take documents directly and securely from each client, saving time and money.
We reviewed over 107,000 pages of documents disclosed in this matter, and it was clear from the review of these documents and evidence from our clients that this was clearly a tax avoidance arrangement, and the loans were, in our view, unenforceable.
We facilitated a mediation to narrow the issues in dispute. Following that mediation, we subsequently served the company a comprehensive letter of response that rebutted the claims on the grounds of collateral contract, misrepresentation, and breach of trust.
For more information, please read our article on this topic.
Elysium Law acted for the Appellant in Hexagon Properties Ltd v HMRC [2022] TC08468.
The First Tier Tribunal (FTT) found that the write-off of a loan relationship debt was not subject to tax under the loan relationship code as the profit which arose related to a compensation claim brought by the taxpayer against their bank and not to the debt.
The FTT allowed the appeal, finding the write-off was not a profit from a loan relationship.
This was a case of great importance and had a significant impact on the loan relationship rules.
These claims, whilst involving different developments were similar in that a Developer marketed and sold units in an off-plan project, predominantly to overseas buyers. These buyers intended to let the units upon completion. The developments use a fractional sales model and buyers typically paid large deposits of 50%-80% of the total purchase price. These deposits were due to be used to fund completion of the project and were held on trust within a ‘buyer company’, usually with the Sellers solicitor as director, pursuant to a legal charge.
The money held within the buyer company was then spent on construction and more pertinently marketing and the buyers lost their deposits with little to no building work completed.
Elysium Law have obtained many multi-million pound recoveries for client groups.
For more information please read our article on this topic.
We represented individuals often working for an umbrella company or for their own personal service company. These individuals had been marketed a tax avoidance scheme which in short involved the payment of minimum wage and the remainder of earnings due were paid by way of a ‘loan’, which they were informed would never need to be repaid. In some cases they were told the scheme was a condition of joining the umbrella company.
Unusually, the purported ‘loans’ had been assigned out of the Trust and have either directly or via other companies ended up being assigned to a company who made demands for payment.
Elysium reviewed over 107,000 pages of documents disclosed in this matter and it was clear from the review of these documents, together with evidence from Our Clients, that the loans were ‘circular’ and were never intended to be repaid. This was clearly a tax avoidance arrangement, and the loans were, in our view, unenforceable.
Elysium Law facilitated a mediation in order to narrow the issues in dispute. Following that Mediation, Elysium Law subsequently served upon the company a comprehensive letter of response that rebutted the claims on the grounds of collateral contract, misrepresentation and breach of trust.
For more information please read our article on this topic.
This related to work done by the employee both prior and post leaving the company and thus the breach of express and implied terms of the contract, together with breach of post termination restrictions and a duty to account were pleaded.
This matter was successfully settled following negotiation between Elysium Law and the Defendant.
We successfully acted for Trustees in a significant, complex and protracted claim for determining the distribution of monies held from a trust fund with sums in excess of £5,000,000. This claim was very complex as it involved a contested element and was a ‘hybrid’ Part 7 and Part 8 claim.
The disputed element of the claim was settled after a 17-hour mediation involving Hong Kong-based clients. Overall, the case was conducted over four years, and the settlement agreements were, following complex submissions, approved by the High Court.
