QB-2020-004171 - [2025] EWHC 2773 (KB)

HMRC submits that the ambit of the assignment of LFCP’s claims does not cover the claims relating to negligent or misfeasant failure to process or grant the brewing licence applications to LFCP. It is correct that the deed of assignment is not drafted as broadly as one might have expected. Without deciding the point in a strike out application, it is sufficient to say that there is force in the response of the Claimants. That is that the assignment includes “any claim that the Company may have in connection with…(a) the seizure of beer/equipment of the Company.” The argument of the claimants is that the alleged misfeasance and/or negligence in failing to process and/or grant the brewing licence applications led to the seizure among other things of the beer. On that basis, the claims would be encompassed by the assignment since they were connected with those matters. The term “in connection with” is given a broad meaning.