Brocket Hall (Jersey) Ltd v Kruger & Ors

Brocket Hall (Jersey) Ltd v Kruger & Ors

VAT is recoverable on licence fees under the 2003 licences based on the factual matrix and prior conduct; Claimant is liable for damages for failure to deliver up chattels and fixtures from date of licence termination until delivery up, assessed at licence fee rates; no implied term exists shifting delivery up obligations to Defendants; expert fees incurred by Defendants are recoverable as damages; abortive collection costs are not recoverable; interest awarded at 3% per annum on arrears and damages.

Parties
Claimant: Brocket Hall (Jersey) Limited; Defendant: Howard Robert Kruger; Defendant: David Barry Zackheim; Defendant: Charles Ronald George Nall-Cain (Third Lord Brocket)
Jurisdiction
England and Wales
Judgment Date
04 June 2019
Procedural Posture
Civil / Judgment After Trial on Counterclaim
Outcome
Counterclaim allowed in part; Claimant liable for arrears, damages, and interest; orders for delivery up of chattels; some heads of claim rejected.
Legal Topics
Licence Agreements, VAT Liability, Damages for Failure to Deliver Up, Implied Contractual Terms, Listed Building Consent, Interest on Arrears
Contract Law Property Law Licence Agreements VAT Liability Damages for Failure to Deliver Up Implied Contractual Terms Listed Building Consent Interest on Arrears

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Parties

Brocket Hall (Jersey) Limited

Claimant

Howard Robert Kruger

Defendant

David Barry Zackheim

Defendant

Charles Ronald George Nall-Cain (Third Lord Brocket)

Defendant

Procedural Posture

Civil / Judgment After Trial on Counterclaim

Legal Issues

  1. 1 Whether VAT is recoverable on licence fees under silent contracts
  2. 2 Liability for damages for failure to deliver up chattels and fixtures
  3. 3 Implied terms regarding delivery up and planning consent

Ratio Decidendi

VAT is recoverable on licence fees under the 2003 licences based on the factual matrix and prior conduct; Claimant is liable for damages for failure to deliver up chattels and fixtures from date of licence termination until delivery up, assessed at licence fee rates; no implied term exists shifting delivery up obligations to Defendants; expert fees incurred by Defendants are recoverable as damages; abortive collection costs are not recoverable; interest awarded at 3% per annum on arrears and damages.

Court Disposition

Counterclaim allowed in part; Claimant liable for arrears, damages, and interest; orders for delivery up of chattels; some heads of claim rejected.

Orders

  • Claimant to pay arrears of licence fees plus VAT under 2003 licences.
  • Claimant to pay damages for failure to deliver up chattels and fixtures at licence fee rates from 20 November 2013 until delivery up.