Court of Appeal success for Lawrence McDonald
June 27, 2019
Lawrence McDonald from Exchange Chambers has secured a victory against HMRC in the Court of Appeal.
The case, Medway Soft Drinks & Ors v HMRC, clarifies the issue of costs in Judicial Review claims where the claim is settled in advance of the hearing.
After HMRC denied a licence to Medway Soft Drinks Limited, Drayman Drinks Limited and Beviqua Limited to trade in alcohol, the companies applied for a Judicial Review and obtained an interim injunction allowing them to continue to trade.
After an internal review in respect of Drayman and Beviqua, HMRC withdrew their refusal and granted them a licence but refused to pay the companies’ costs. The Judicial Review claims were settled by consent orders with High Court awarding costs to Drayman and Beviqua and separately to Medway.
HMRC took the case to the Court of Appeal but their case was unanimously rejected. In ruling in favour of Medway, Drayman and Beviqua the Court of Appeal provided guidance on dealing with costs issues where Judicial Review claims settle as a result of the relief sought no longer being necessary.
Lawrence McDonald, who acted for Drayman Drinks Limited and Beviqua Limited, was instructed by Matthew Wyatt at ASW Solicitors.