Grenfell Tower inquiry, phase 2

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Bilta (UK) Limited (In Liquidation) v (1) NatWest Markets PLC and (2) Mercuria Energy Europe Trading Limited [2020] EWHC 546 (Ch)

Mr Justice Snowden has handed down a lengthy judgment allowing a claim for dishonest assistance and for knowing participation in fraudulent trading (s 213 Insolvency Act 1986) in relation to a large-scale missing trader VAT fraud in the carbon credit market. The claim was brought by various companies in liquidation and their liquidators against NatWest […]

Court of Appeal upholds £675m claims for foreign exchange losses

Smith & Nephew Overseas Ltd (and others) v HMRC [2020] EWCA Civ 299 Members of the Smith & Nephew PLC group, a leading FTSE 100 medical technology multinational (the “taxpayers”), have succeeded before the Court of Appeal in claims to deduct c£675 million of foreign exchange losses for tax purposes. The exchange losses arose as […]

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Privy Council tests meaning and effect of s112(2) of Companies Law Cayman Islands

Section 112(2) was introduced into the Companies Law of the Cayman Islands in 2009. In Pearson (in his capacity as Additional Liquidator of Herald Fund SPC) v Primeo Fund [2020] UKPC 3, the JCPC considered, for the first time, an important point of statutory construction surrounding the meaning and effect of this provision. Section 112(2) […]

First-tier Tribunal upholds group relief claims

LINPAC Group Holdings Ltd v HMRC [2020] UKFTT 60 (TC) LINPAC Group Holdings (“Holdings”), a global plastics supplier, has successfully overturned HMRC’s rejection of c£40 million of group relief claims (>£10m tax at stake) before the First-tier Tribunal (Tax Chamber) (“FTT”). Holdings made domestic claims for group relief in respect of losses of group companies […]

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Inadvertent e-mail contracts

Commercial Dispute Resolution specialist, Senior Associate Kathryn Vickers, reports on Athena v Superdrug [1], the latest case to highlight the risks of doing business informally over e-mail, and offers good practice advice for businesses.

Coronavirus and commercial leases: What landlords and tenants need to know

As the UK begins to tackle the challenges caused by the spread of Coronavirus/COVID-19, Walker Morris has received a number of enquiries from landlord and tenant clients as to how this may affect their property arrangements and obligations. It is now clear the outbreak will significantly disrupt the market. We have already seen the challenges […]

Austria: Coronavirus and taxes

Due to the measures taken by the Austrian government in connection with the outbreak of the corona virus which has now affected Austria (e.g. home quarantine, cancellation of events, closure of shops/restaurants), liquidity shortages and payment difficulties for businesses seem more likely. Accordingly, the Austrian Ministry of Finance has taken the following measures: Taxpayers who […]

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