Case Studies

Natural justice in school exclusion appeals

R (D) v. Bromley IAP [2007] EWCA Civ 1010

Intensity of judicial review over human rights claims

(AS) Sri Lanka v. Secretary of State for the Home Department [2009] EWHC 1763 Admin

Meaning of ‘dwelling’ for the purposes of Value Added Tax Act 1994 Sch.8 Group 5 Note 13 and its relationship with s.35 of the Act

Jennings v. HMRC [2010] UKFTT 49

First UK case under regulation 47H of the Public Contracts Regulations, considering the appropriate test for applications to lift the automatic stay on signing an awarded public contract

Indigo Services (UK) Ltd v. Colchester Institute [2010] EWHC 3237 (QB)

Whether VAT chargeable on food supplies ‘on the premises’: meaning of ‘premises’ for VAT purposes

West County Vending Services Ltd v. HMRC [2010] UKFTT 124

Acting for the Claimant in his successful challenge to the local authority’s decisions concerning his post-16 education

R (P) v. Royal Borough of Windsor and Maidenhead) [2010] EWHC 1408 Admin

Application of the Rompelman principle to finding business purposes. Case concerned the intention to convert the largest country house in England into a luxury hotel and whether expenditure incurred for preparatory acts were exempt from VAT

Macaw Properties Ltd v. HMRC [2012] UKFTT 167

Whether self-employed persons retain a right to reside under EU law for the purposes of claiming job seekers allowance

R (Tilianu) Secretary of State for Work and Pensions [2011] 4 All ER 174 Court of Appeal:

Whether expenses associated with a house boat used for researching and writing a book were ‘wholly and exclusively’ incurred for the purposes of trade

Huhtala v. HMRC [2011] STC 2226 & [2012] UKFTT 79 (TC)

Whether Upper Tribunal had erred in law by rejecting evidence of persecution

SS (Sri Lanka) v. Secretary of State for the Home Department [2011] EWCA Civ 76 Court of Appeal:

Meaning of ”relevant change of circumstances” in war pensions legislation

R (Rogerson) v. Secretary of State for Defence [2012] EWHC (Admin)

Meaning of ‘home’ for the purposes of a local authority’s home to school transport duties

R (M and W) v. Hounslow London Borough Council [2013] EWHC 579 (Admin)

Failure of decision-maker to consider guidance and challenge to strategic environmental assessment

Oxford Diocesan Board of Finance v. Wokingham Borough Council [2013] EWHC 802 (Admin)

Test cases concerning the lawfulness of deductions from social security benefits after a Debt Relief Order is obtained

R (Payne and Cooper) v. Secretary of State for Work and Pensions [2012] 2 WLR 1 Supreme Court:

Value Adding Approach

Our approach to legal practice is always to articulate creative and value-adding solutions for clients whilst delivering timely, efficient and affordable professional services. All clients conduct their affairs within a legal context and Mercantile Barristers’ role is to advise on the conduct of their transactions and affairs in ways that avoid conflict and disputes.


However, should a dispute become inevitable, then our prior engagement would have assured that all the necessary precautions have been taken and mitigating steps adopted. Thus, clients will begin any dispute resolution in a strong position to achieve their desired objectives.


Whether by adjudication, arbitration, litigation, members at Mercantile Barristers will adopt a firm, swift and decisive approach to achieve the best possible results for clients within the shortest possible time. We recognise that no two cases are the same, so we will adapt our style to suit the occasion.


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