Matthew Donmall wins Hippodrome Casino tax appeal in the Upper Tribunal - Jan 2024
Matt specialises in indirect tax and rating. He is a member of the Attorney General’s A Panel of Counsel, having previously served on the B and C panels.
Matt has expertise in all matters of indirect taxation, including VAT, import and customs duties, excise duties, gaming duties, as well as the interface between tax law and public law. He has appeared in tribunals and courts all the way to the Supreme Court. He is regularly instructed in complex multi-million pound, high profile cases. He has particular experience with disputes involving financial services and pensions, public law arguments, partial exemption methods, attribution and apportionment arguments, single / multiple supply issues, and classification disputes in respect of technological products.
His busy rating practice involves both advisory and advocacy instructions across the range of rating questions, including valuation methods, valuation disputes, deletion proposals, non-domestic / domestic distinctions, and technical jurisdictional points. He has worked on a wide variety of property types, including retail, power plants, petrol stations, warehouses, office blocks, agricultural buildings, hotels, waste processing stations and public amenities. Having appeared in the leading case of SJ&J Monk v Newbigin, Matt frequently acts in cases involving repair, refurbishment and schemes of work.
The son of two doctors, Matt has medicine in the family. His expertise in clinical negligence spans both liability and quantum issues, and the difficult points of causation that can intersect them. He regularly acts for both claimants and defendants, and has experience across the spectrum of medical areas, including obstetric / perinatal injury; gastroenterology; delayed cancer diagnosis; orthopaedic and other surgery; general practice, ophthalmology and dentistry.
Outside the law and where the demands of his family allow, Matt enjoys tennis, cycling and the occasional triathlon.
Indirect Tax and RatingSelected Cases
- CCLA Investment Management v HMRC [2023] (judgment awaited): VAT appeal concerning management services for thirteen investment funds.
- Hippodrome Casino Ltd v HMRC [2023] Upper Tribunal: Case concerning partial exemption method in respect of of iconic venue.
- Tesco Stores Ltd v Bunyan (VO) [2023]: concerning alterations to petrol filling stations following the Supreme Court decision in Cardtronics
- J Sainsbury Plc v Moore (VO) [2023]: about valuation of a high-value distribution warehouse
- FMX Food Merchants Import Export Company v HMRC [2021] UKFTT 385 (TC): concerning importation of produce from Costa Rica.
- Royal Opera House Covent Garden Foundation v HMRC [2021] EWCA Civ 910: Court of Appeal VAT case on whether production costs are attributable to taxable catering supplies. For HMRC.
- Avison Young Ltd v Jackson (Valuation Officer) [2021] EWCA Civ 969: Court of Appeal rating case concerning the powers of the Valuation Tribunal for England in a proposal for deletion.
- Worldpay UK Ltd v HMRC [2020] UKUT 290 (TCC): concerning exemptions for payment transactions in an appeal brought by a major merchant acquirer.
- Gardarsson (t/a Action Day A Islandi) v HMRC [2020] UKUT 99 (TC): VAT case on whether a day planner was a ‘book’ for the purposes of zero-rating. For HMRC.
- Newbigin (Valuation Officer) v S J & J Monk (firm) [2017] UKSC 14: Rating case concerning the meaning of the statutory repair assumption (led by Sarabjit Singh KC).
Selected Cases
- AW v Mersey Care NHS Foundation Trust (2023): liability trial concerning allegation of negligent diagnosis of ADHD and prescription of medication
- SO v Wirral University Teaching Hospitals NHS Foundation Trust (2020): four day trial of liability and quantum issues concerning total hip replacement, by way of a hybrid hearing conducted both in-person and virtually. For Defendant.
- JL v Derbyshire Community Health Services NHS Foundation Trust (2019): four-day liability trial of claim of extravasation injury. For defendant.
- TW (by mother MW) v Peterborough & Stamford Hospitals NHS Foundation Trust (2019): cerebral palsy claim, led by Henry Witcomb KC. For claimant.
- VC v Aintree University Hospital NHS Foundation Trust (2018): liability trial concerning paracetamol administration to patient after admission for overdose. For defendant.
Matt also has significant public inquiry experience, both for core participants and for the inquiry itself.
Selected Cases
- IICSA Catholic Church investigation (2018-2020): Junior Counsel to the Independent Inquiry into Child Sexual Abuse.
- Baha Mousa Inquiry(2008-2010): Junior Counsel for over 250 MOD witnesses.
1COR Quarterly Medical Law Review – Spring 2023 – Issue 13 – July 2023 - Jul 2023
Welcome to the thirteenth issue of the QMLR, brought to you by the barristers at 1 Crown Office Row. Download the Spring 2023 newsletter here: 1COR QMLR - Issue 13 - 2023 Spring ...
1COR Quarterly Medical Law Review – Winter 2021/2022 – Issue 11 - May 2022
Welcome to the eleventh issue of the QMLR, brought to you by the barristers at 1 Crown Office Row to update you on developments in Winter 2021/2022. Download the Winter 2021/2022 newsletter here:...
1COR Quarterly Medical Law Review – Summer/Autumn 2021 – Issue 10 - Jan 2022
Welcome to the tenth issue of the QMLR, brought to you by the barristers at 1 Crown Office Row to update you on developments in Summer and Autumn 2021. Download the Summer/Autumn 2021 newsletter...
Matthew Donmall and Dominic Ruck Keene promoted by the Attorney General’s Panel of Counsel - Sep 2021
Congratulations to Dominic Ruck Keene and Matthew Donmall on their promotions on the Attorney General's Panel of Counsel, effective from 1st September. Matthew Donmall is now appointed to the...
Matthew Donmall wins in Court of Appeal VAT case - Jun 2021
The Court of Appeal have given judgment in an appeal brought by the Royal Opera House concerning the recovery of VAT spent on its productions of opera and ballet (such as costumes, sets and guest...
Matthew Donmall represents family at inquest into death of Caroline Pearson-Smith - Jan 2020
Matthew Donmall, instructed by Suzanne White and Firdous Ibrahim of Leigh Day, represented the family of Caroline Pearson-Smith at the inquest into her death. 52-year-old Caroline had been managing...
Latest Independent Inquiry into Child Sexual Abuse report into The Roman Catholic Church Case Study published - Oct 2019
In October 2019, The Independent Inquiry into Child Sexual Abuse (IICSA) published their report on The Roman Catholic Church Case Study: English Benedictine Congregation looking at Ealing Abbey and St...
Iain O’Donnell, Matthew Donmall and Emma-Louise Fenelon act in important recent Independent Inquiry into Child Sexual Abuse (IICSA) hearing - Feb 2019
This week the Independent Inquiry into Child Sexual Abuse is hearing evidence regarding child abuse at Ealing Abbey and St Benedict’s School, as part of the Inquiry’s investigation into...
The Kenyan Emergency Group Litigation is at an end - Nov 2018
All claims against the UK Government (the Foreign & Commonwealth Office) in the massive Kenya Emergency Group Litigation litigation have been dismissed. The action is at an end. On 21 November...
Guy Mansfield QC upholds Kenya Emergency Group Litigation judgment in Court of Appeal - Oct 2018
Following an expedited oral hearing, the Court of Appeal on Tuesday, 9 October, in a reserved judgment, [2018] EWCA Civ 2213, refused the Claimant permission to appeal the decision of Stewart J in the...
Sarabjit Singh to lead Matt Donmall in landmark rating law case in Supreme Court on Monday - Nov 2016
On Monday 7th November 2016, Sarabjit Singh will lead Matt Donmall in an important rating law case on the circumstances in which buildings under reconstruction should be subject to non-domestic (also...
Angus McCullough QC and Matthew Donmall appear in civil claim arising out of attempted murder in Kyrgyz Republic - Sep 2016
Angus McCullough QC and Matthew Donmall represented Maxim Bakiyev, son of the former President of Kyrgyzstan The personal injury claim brought against Mr Maksim Bakiyev, the son of the former...
Owain Thomas QC and Matthew Donmall win Supreme Court VAT case on third party consideration - May 2016
The Supreme Court has today handed down judgment in Airtours Holidays Transport Limited v HMRC. Owain Thomas QC (in his first appearance as a silk) and Matthew Donmall persuaded the majority of the...
Owain Thomas QC and Matthew Donmall in the Supreme Court - Mar 2016
Owain Thomas QC and Matthew Donmall appeared in the Supreme Court in Airtours Holiday Transport Ltd v HMRC. In the Court of Appeal Owain, appearing for HMRC, succeeded in arguing that the VAT paid...
Owain Thomas and Matthew Donmall obtain a reference by the Court of Appeal to the CJEU in VAT case - Nov 2015
In HMRC v Mercedes Benz Financial Services [2015] EWCA Civ 1211 the Court of Appeal has decided to refer to the Court of Justice of the European Union questions concerning the categorisation of...
Matthew Donmall appointed to the B Panel of Junior Counsel to the Crown - Jul 2015
We are delighted to announce that Matthew Donmall has been appointed to the B Panel of Junior Counsel to the Crown. This appointment will be effective from 1st September 2015. Matthew joins a large...
Philippa Whipple QC and Matthew Donmall win Court of Appeal case on public funding - Jun 2015
Court of Appeal rules against non-legal aid public funding in family cases. The Court of Appeal has handed down an important judgment in Re K and H (Children) [2015] EWCA Civ 543, which answers the...
1COR team in the London Bikeathon supporting Leukaemia and Lymphoma Research - Sep 2013
In September, Lizanne Gumbel QC, David Balcombe QC, Iain O’Donnell, Matthew Donmall and our 2nd Junior Clerk John Mclaren, will be taking part in the London Bikeathon in support of Leukaemia and...
Owain Thomas and Matthew Donmall win for HMRC in test case on VAT liability for medical supplies - May 2013
Owain Thomas and Matthew Donmall have won for HMRC a test case on the VAT liability of private hospitals for supplies of prostheses and medication, overturning the Court of Appeal's decision in 1997...
New Appointments to the Attorney General’s A, B and C Panels – February 2013 - Feb 2013
We are delighted to announce the following new appointments to the Attorney General's Panels - Owain Thomas to the A Panel (a re-appointment), Amy Mannion and John Jolliffe to the B Panel and Caroline...
Ten 1COR members and our Chambers Academic have contributed to the 3rd Edition of “Burnett-Hall on Environmental Law” - Feb 2013
David Hart QC, Angus McCullough QC, Owain Thomas, Jeremy Hyam, Suzanne Lambert, Richard Mumford, John Jolliffe, Rachel Marcus, Matthew Donmall, Karwan Eskerie and Rosalind English (our Chambers...
Team of four from 1COR in Supreme Court win in nuclear testing limitation case - Mar 2012
Four members of 1 Crown Office Row (David Evans, Richard Mumford, Matthew Donmall and Isabel McArdle) formed part of a team of counsel acting for the Ministry of Defence in the Atomic Veterans...
New Appointments to the Attorney General’s A, B and C Panels – February 2012 - Feb 2012
We are delighted to announce the following new appointments to the Attorney General's Panels - Oliver Sanders to the A panel, Robert Wastell to the B panel and Adam Wagner to the C panel. The 23...
New Appointments to the Attorney General’s A and C Panels - Feb 2011
We are delighted to announce the following new appointments to the Attorney General's Panels - Ben Collins to the A Panel and Matthew Donmall to the C Panel. The 23 Members of Chambers now on these...
Court of Appeal victory for Ministry of Defence in Atomic Veterans case - Dec 2010