One Essex Court participates in the first hearing of the Netherlands Commercial Court

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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 […]

Lawyer looking into law changes

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 […]

Latest Briefings

Validity of decisions taken by public bodies through conference calls

Following the growing coronavirus outbreak which continues to upend life across the globe, face-to-face meetings of the Board of many public bodies and organizations are no longer an option. Unless there is no any specific law or regulation governing the meetings of the public body or organization concerned, the question which arises is whether an […]

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