Gatehouse Chambers featured in two cases in The Lawyer’s ‘Top 20 Cases of 2024’

The Lawyer has published what it considers to be the top 20 cases coming up in 2024. Gatehouse Chambers is featured in two of these cases:

Skatteforvaltningen (The Danish Customs and Tax Administration) v Solo Capital Partners LLP (in special administration) and others

High Court, Commercial Court
9 April, 12 months

The mammoth Danish Customs and Tax Administration case, or Skat for short, finally lands in the Commercial Court this April for the longest scheduled hearing in the history of the High Court.

The case revolves around the Skat’s belief that dividend arbitrage trading was fraudulent and, as a result, around £1.5bn in tax rebates were paid that should never have left the Danish tax body’s coffers. The sum alone is an eye-catching figure, but the ramifications of this case will be felt widely, particularly if this kind of dividend trading – known also as cum-ex trading – is found to be illegal under English & Welsh law.

The case has already given rise to one preliminary Revenue Rule trial (in 2021) which went to the Court of Appeal (in 2022) and the Supreme Court (in 2023) and a four-week trial in January 2023 to decide certain Danish tax law issues. The main trial is listed start on 9 April 2024 and is timetabled to finish in April 2025. It is the most complex case which has been case managed in the Commercial Court.

Mr Justice Baker previously remarked that this case was “litigation on a massive scale”. For all lawyers involved, it will go down as a career-defining piece of work.

For the main defendant, Sanjay Shah & Ors

Nigel Jones KC (lead counsel), Gatehouse Chambers
Sarah McCann, Gatehouse Chambers
Lisa Freeman, Furnival Chambers
Emily Betts, Gatehouse Chambers
Miguel Henderson, Gatehouse Chambers
Alice Whyte, Gatehouse Chambers
Thomas Mitty, Gatehouse Chambers

Shepherd Construction v Kingspan and others

High Court, Technology and Construction Court
7 October, 11 weeks

A landmark construction and cladding dispute worth almost £70m will head to trial in the Technology & Construction Court this October.

Shepherd Construction, a UK-based construction company, was engaged as the main contractor for the Northern Quarter mixed-use development in Colindale, London. Its claim centres around numerous issues with the construction of the external wall systems of the buildings, particularly the use of insulation alleged to be non-compliant with building regulations.

The main defendant, Kingspan, also manufactured parts of the insulation used in Grenfell Tower, which tragically burned down in 2017. The spotlight recently fell on the building materials company when testimony from the public inquiry surrounding the fire alleged that Kingspan’s insulation was highly combustible and used out-of-date tests of an entirely different product. Although the company denies any wrongdoing in both cases, it has already been blacklisted by local governments and organisations like the Building Research Establishment.

The 12-party case will be one of the first to consider the new cause of action against cladding manufacturers under s149 of the Building Safety Act and will have a large effect on the legal principles surrounding fire safety issues.

For the defendant, Axis Specialty Europe
Gatehouse Chambers’ David Pliener KC, instructed by Beale & Co Solicitors partner Joanna Lewis.

For the defendant, Newline Insurance Company
Gatehouse Chambers’ Emma Hynes, instructed by Reynolds Colman Bradley partner Steven Reynolds.

For the defendant, Bickerdike Allen Partners LLP

Gatehouse Chambers’ Michael Wheater and Louis Zvesper, instructed by Keoghs partner Daniel Ford and Jonathan Anslow.

Read the full editorial and view the full list of top 20 cases here.