VAT – Exemption – welfare services – item 9 group 7 sch 9 VATA 1994 – payroll service – whether ‘closely linked to welfare’ Citations: [2019] UKFTT 354 (TC) Links: Bailii Jurisdiction: England and Wales VAT Updated: 21 October 2022; Ref: scu.638527
Citations: [1998] EWHC Admin 579 Links: Bailii Statutes: Local Government Finance Act 1992, Council tax (Alterations of Lists and Appeals) Regulations 1993 (1993 No 290) Jurisdiction: England and Wales Local Government, Rating Updated: 27 May 2022; Ref: scu.138700
(Jamaica) The lawfulness of action taken by the Minister of Finance under statutory powers to assume temporary management of three financial institutions was challenged, and the remedies available to aggrieved parties in the event of unlawfulness. Citations: [1998] UKPC 12, [1998] AC 628. Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Crawford … Continue reading Century National Merchant Bank Limited and others v Omar Davies and others: PC 16 Mar 1998
Cross loans were made between an investment company and pension schemes. The overall effect was to create payments which could be set off against Corporation Tax. They were not a pre-ordained series of transactions where the underlying loans were genuine, and the payments were made in respect of a genuine accrual of interest. Citations: Times … Continue reading McNiven (Inspector of Taxes) v Westmoreland Investments Ltd: CA 26 Oct 1998
Where an action had been begun on basis of allegations of negligence and breach of trust, new allegations of fraud where quite separate new causes of claim, and went beyond amendments and were disallowed outside the relevant limitation period. Sections 23 and 36 and the absence of express statutory mention in the 1980 Act of … Continue reading Paragon Finance Plc (Formerly Known As National Home Loans Corporation Plc v D B Thakerar and Co (a Firm); Ranga and Co (a Firm) and Sterling Financial Services Limited: CA 21 Jul 1998
‘a number of important substantive and procedural issues arising out of a series of closure notices issued by HMRC to Investec Asset Finance plc (‘IAF’) and Investec Bank plc (‘IBP’) in respect of their liability for corporation tax in the accounting periods between 1 April 2006 and 31 March 2010. The substantive issues concern the … Continue reading Investec Asset Finance Plc and Another v Revenue and Customs: CA 30 Apr 2020
It was a proper exercise of a discretion by a judge to decide to try five similar cases together. Admissibility questions on one case becoming admissible in others could be set aside if there was a sufficiently similar factual basis alleged. Citations: [1998] EWCA Civ 1298 Jurisdiction: England and Wales Litigation Practice, Professional Negligence Updated: … Continue reading Maes Finance Limited Mac No 1 Limited v Leftleys (a Firm): CA 27 Jul 1998
Judges: Lord Justice Morritt Citations: [1998] EWCA Civ 1025, [1999] 1 WLR 129, [1999] BCC 378, [1998] 2 BCLC 526, [1999] BPIR 53 Links: Bailii Statutes: Insolvency Act 1986 168 Jurisdiction: England and Wales Insolvency, Litigation Practice Updated: 19 November 2022; Ref: scu.144504
The claimant had obtained judgment in default against the respondent in his claim under the 1998 Act. He now appealed as to the levels of damages to be awarded. Judges: Arden, Lloyd, LJJ, Ryder J Citations: [2013] EWCA Civ 333 Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Information, Damages Updated: 17 … Continue reading Halliday v Creation Consumer Finance Ltd: CA 15 Mar 2013
A counterclaim for negligent sale was a valid claim allowing potential against repossessing bank but would not make bank’s claim unliquidated. The Judge could properly hold that there was a liquidated and unsecured debt the subject of the statutory demand owed to the Bank for a sum greatly in excess of the statutory minimum which … Continue reading Platts v Trustees Savings Bank Plc: CA 13 Feb 1998
The stamp duty payable on a lease is calculated according to the values known at the date of the lease in accordance with the formula provided. Citations: Times 04-Feb-1998, Gazette 11-Feb-1998 Statutes: Finance Act 1994 242 Jurisdiction: England and Wales Citing: Appeal from – L M Tenancies 1 Plc v Inland Revenue Commissioners ChD 11-Jul-1996 … Continue reading L M Tenancies 1 Ltd v Inland Revenue Commissioners: CA 4 Feb 1998
A French collision action preceded English proceedings by one of the owners to limit his liability. The parties disputed whether the fact that that owner subsequently admitted liability in France so that the only remaining issue was that of limitation meant that the English court was first seised. Held: The French court was first seised, … Continue reading Blue Nile Shipping Co Ltd; Khalil v Iguana Shipping and Finance Inc Owners of the Ship Happy Fellow: CA 25 Jul 1997
A Church of England Assistant Curate is not an employee, but rather a holder of an ecclesiastical office. There is a presumption that ministers of religion were office-holders who did not serve under a contract of employment. Accordingly he is not entitled to claim to have been unfairly dismissed under the legislation. Mummery LJ said: … Continue reading Reverend Doctor A B Coker v Diocese of Southwark; Bishop of Southwark and Diocesan Board of Finance: CA 11 Jul 1997
When looking at a contract ‘one must construe the document according to the natural meaning of the words contained in the document as a whole, read in the light of surrounding circumstances.’ The contra preferetem rule can only come into play ‘if the court finds itself unable on the material before it to reach a … Continue reading St Edmundsbury and Ipswich Diocesan Board of Finance v Clark (No.2): CA 1973
The complainant requested details of the full qualifications, experience and duties of each member of the Department’s Web Design Team by grade. The public authority withheld information about the full qualifications and experience of each member of the Web Design Team under Section 40(2) of the FOI Act on the basis that it was personal … Continue reading Department of Finance and Personnel Ni (Decision Notice): ICO 12 Jul 2005
ECJ 1 The period which an undertaking has in which to bring an annulment action against Commission decisions reducing amounts of financial assistance initially granted to it by the European Social Fund does not start to run until the date on which that undertaking acquired precise knowledge of the author, the content and the grounds … Continue reading Proderec v Commission: ECFI 16 Jul 1998
The defendant denied that it had copied the plaintiff’s designs. Held: There was sufficient evidence of copying. It was wrong to dissect a work, but rather the court should look at the matter as a whole. Judges: Lawrence Collins QC Citations: [1998] EWHC Patents 349, [1998] FSR 803 Links: Bailii Jurisdiction: England and Wales Citing: … Continue reading Designers Guild Limited v Russell Williams (Textiles) Limited: PatC 14 Jan 1998
(Judgment) In the context of intervention measures in the beef and veal sector, and in particular of the system of buying-in by tendering procedures, Article 9(1) of Regulation No 859/89 provides that tenderers must undertake to comply with all the relevant provisions and Article 9(2) that interested parties may submit one tender only per category … Continue reading United Kingdom v Commission C-209/96: ECJ 1 Oct 1998
Two female employees shared a job in the civil service during which time they each moved up one point in the incremental pay scale with each year of service and were paid fifty percent of the salary for clerical assistants. After two years they switched to full-time employment but their position on the incremental pay … Continue reading Hill and Stapleton v The Department of Commissioners and Department of Finance: ECJ 17 Jun 1998
To protect her estate from Inheritance Tax, the deceased gave land to her solicitor, but then took back a lease. The solicitor then conveyed the land on freehold on to members of her family. Held: The lease-back by the nominee was not void as a grant of a lease to herself. Lord Hoffmann said: ‘whether … Continue reading Ingram and Another v Commissioners of Inland Revenue: HL 10 Dec 1998
Citations: [1998] EWCA Civ 910 Jurisdiction: England and Wales Consumer, Contract Updated: 30 May 2022; Ref: scu.144389
The application of differential rates of insurance premium tax, in order to prevent price shifting between products sold together, was against European law and void. Citations: Times 08-Apr-1998, [1998] EWHC Admin 391 Links: Bailii Statutes: EC Treaty Art 92(1), Finance Act 1997 Jurisdiction: England and Wales European Updated: 27 May 2022; Ref: scu.138512
The applicant challenged a refusal to enter the property in the lists as a nursing home. It was no longer registered as such, but had been; that it was not necessary for it to be registered to be entitled to a 50% discount on Council Tax. Held: Discount was allowable under section 11. For the … Continue reading Bogdal v Kingston Upon Hull City Council: Admn 9 Feb 1998
UK government has sole discretion on imposition of beer duties, not subject to challenge within European Community context. Citations: Times 02-Feb-1998, [1998] EWHC Admin 43 Links: Bailii Statutes: Finance (No 2) Act 1997 8 Customs and Excise, European Updated: 27 May 2022; Ref: scu.138164
The parties had contracted to design, build, complete and deliver ships. The contract was rescinded after a part performance. Held: It remained appropriate for payment to be made for the work already done in the design and construction stages: ‘In both actions the yard should now be allowed to amend its pleadings to set out … Continue reading Stocznia Gdanska S A v Latvian Shipping Co and Others: HL 22 Jan 1998
The parties entered into a regulated copier finance agreement. The defendant defaulted. The plaintiffs served a notice to determine the agreement, but providing what sum was to be paid to continue. The defendant said that the notice specified the amount incorrectly, and appealed. Held: A notice under the Consumer Credit Act specifying an amount of … Continue reading Woodchester Lease Management Services Ltd v Swayne and Co (A Firm): CA 26 Aug 1998
The plaintiffs, with the leave of the court, had obtained garnishee and charging orders nisi against the debtor 11 and a half years after they had obtained a consent judgment. Held: An application by the judgment debtor to set aside the orders on the ground that they were statute barred under section 24(1) should be … Continue reading Lowsley and Another v Forbes (Trading As I E Design Services): HL 29 Jul 1998
The court was asked whether insurers could avoid a policy by reason of the creation by one of the insured hotel’s directors of false invoices intended to create a more favourable picture of the hotel’s trading performance if it became desirable to show its accounts to its bankers. No actual use of the invoices had … Continue reading Insurance Corporation of Channel Islands Limited and Another v Royal Hotel Limited and others (No 2): 1998
Tenant farmer continuing business for two years after payment to land-owner on surrender of lease lost relief for business retirement. Citations: Gazette 26-Feb-1998, Times 11-Feb-1998 Statutes: Finance Act 1985 69 Capital Gains Tax, Agriculture Updated: 15 May 2022; Ref: scu.78245
The taxpayer sought to claim for capital allowances of andpound;91 million for gas pipelines. The claimant had provided the equipment through a leasing scheme. Held: The leases were unusual, but did not appear to be merely part of a tax avoidance scheme. However, here the company already owned and operated the pipeline, and continued to … Continue reading Barclays Mercantile Business Finance Ltd v Mawson (Inspector of Taxes): ChD 22 Jul 2002
Application to set aside addition of land to definitive map of public rights of way as byway open to all traffic (BOAT). Held: The force of the evidence of private conveyancing documents may outweigh the value of public documents such as a tithe map or a Finance Act assessment which were not prepared for the … Continue reading Maltbridge Island Management Company v Secretary of State for Environment and Hertfordshire County Council: Admn 31 Jul 1998
Where an auditor had negligently failed to identify the insolvency of a company and to warn against payment of dividends, the auditor was liable in damages for dividends wrongly paid. Citations: Times 25-Aug-1998 Jurisdiction: England and Wales Citing: Appealed to – Sasea Finance Ltd v KPMG (Formerly KPMG Peat Marwick Mclintock) ChD 10-May-2001 It was … Continue reading Sasea Finance Ltd (In Liquidation) v KPMG (A Firm): ChD 25 Aug 1998
A refusal in a non-criminal cause or matter by a Divisional Court of the Queen’s Bench Division or by a single judge to grant leave to apply for judicial review is appealable to the Court of Appeal. Judges: Lord Lane CJ and Sir John Donaldson M.R Citations: [1982] 1 W L R 1375 Jurisdiction: England … Continue reading Practice Direction of 2nd November 1982: CA 2 Nov 1982
The rating hypothesis must be interpreted to allow for the actual policies of the tenant. Where the tenant would not overbid despite the finding that properties of this type could not be managed to produce a profit. Nil rating was appropriate. Peter Gibson LJ said: ‘In particular I would emphasise the necessity to adhere to … Continue reading Hoare and Another v National Trust: CA 13 Oct 1998
ICO Mr Tandon has been prosecuted at Manchester Magistrates’ Court for offences of unlawfully obtaining and selling personal data. The defendant, who worked at Lex Autolease Limited emailed personal data of 551 Lex Autolease customers, relating to road traffic accidents, from his former employer’s computer system to his personal email address, which he then sold … Continue reading Tandon (Prosecutions, Finance Insurance and Credit): ICO 2 Nov 2016
The bank had obtained a judgement against the defendant, and took a charging order. Nothing happened for more than twelve years, and the defendant now argued that the order and debt was discharged. Held: The enforcement of the charging order by normal means is not barred by section 20(1), and unlike the position under a … Continue reading Yorkshire Bank Finance Ltd v Mulhall and Another: CA 24 Oct 2008
It was complained that the auditors had failed timeously to warn the company of fraud by a senior employee. The appeal concerned an application to strike out heads of claim in an action brought by the company against its auditors for negligence. Held: Appeal allowed. It was submitted that the auditors’ duty did not extend … Continue reading Sasea Finance Ltd v KPMG (Formerly KPMG Peat Marwick Mclintock): ChD 10 May 2001
Income Tax/Corporation Tax : Penalty – Corporation tax – company’s failure to notify chargeability to tax – late returns penalties under Schedule 41 Finance Act 2008 – Schedule 18 Finance Act 1998 – director’s loans – penalties under Sections 455 and 458 Corporation Tax Act 2010 – s 7(3) Schedule 4 – whether reasonable excuse … Continue reading Starflex Contractors Ltd v Revenue and Customs: FTTTx 9 Jan 2019
LRA The Applicant, now in administration, was in business in 2007 to 2008 buying residential properties from owners in occupation for full market value, payable as to 70 per cent on completion and as to the 30 per cent balance, subject to conditions, at the expiry of ten years. At the same time it entered … Continue reading U K Housing Alliance (North West) Ltd v Bowyer and Others (Contracts and Options : Contracts for Sale): LRA 18 Mar 2013
The defendants owned land over which the plaintiffs owned shooting and other sporting rights. When the plaintiffs licenced those rights to others the defendants objected and prevented access. They appealed a finding that they had infringed the rights, saying that the extent of enjoyment now claimed was unreasonable. Held: The rights granted were widely stated … Continue reading Pole and Another v Peake and Another: CA 17 Jul 1998
The defendant solicitors had each acted for banks in completing charges over property. They had given the standard agreed form of undertaking to secure a good and marketable title, and the banks now alleged that they were in breach because undisclosed covenants variously restricted future development of the land. Held: The standard solicitor’s undertaking to … Continue reading Barclays Bank Plc v Weeks Legg and Dean (a Firm); Barclays Bank Plc v Lougher and Others; Barclays Bank Plc v Hopkin John and Co: CA 21 May 1998
Deposit forfeit requires Readiness to Complete A seller’s title to retain a deposit or instalment is conditional upon his completing the contract. Rights of restitution for failure of consideration do not depend on the absence of fault of the plaintiff. A party who commits a repudiatory breach which leads to a contract being terminated is … Continue reading Dies v British and International Mining and Finance Corporation Ltd: 1939
A party had applied to a judge for what in effect amounted to leave to appeal and had been refused. Held: Wherever power is given to a legal authority to grant or refuse leave to appeal, the decision of that authority is, from the very nature of the thing, final and conclusive and without appeal, … Continue reading In re Housing of the Working Classes Act 1890, Ex parte Stevenson: CA 1892
The making of an order for restitution after finding an unjust enrichment by subrogation, is not dependant upon having found any common or unilateral intention of the parties. The House distinguished between contractual subrogation of the kind most . .
(Bermuda) An appeal Court did have jurisdiction to hear an appeal against the discharge of leave to apply for certiorari order, since this was outside scope of the rule in Lane v Esdaille.
Lord Hoffmann said: ‘Nevertheless, the limited nature . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Penalties for failure to file company tax returns – Schedule 18 Finance Act 1998 – taxpayer relied on agent to file returns – unaware returns had not been filed – whether reasonable excuse – no – appeal dismissed Citations: [2019] UKFTT 535 (TC) Links: Bailii Jurisdiction: England and Wales Corporation Tax Updated: 31 December 2022; … Continue reading Making Productions Ltd v Revenue and Customs (Corporation Tax – Penalties for Failure To File Company Tax Returns): FTTTx 14 Aug 2019
The taxpayer was obliged to visit an office in Leeds once a week. He lived in Norfolk. He sought to set off the travel expenses against his schedule E Income Tax. As a home worker, he also sought the expenses of maintaining an office at home. Both requirements were imposed by his employers as part … Continue reading Kirkwood (Inspector of Taxes) v Evans: ChD 25 Jan 2002
Schedule 18 Finance Act 1998 – successive failures to file company tax return – whether shortage of funds to pay agent reasonable excuse – no – whether proportionality to be taken into account by Tribunal – no – appeal dismissed Citations: [2012] UKFTT 99 (TC) Links: Bailii Jurisdiction: England and Wales Corporation Tax Updated: 09 … Continue reading Torbensrichard Ltd v Revenue and Customs: FTTTx 31 Jan 2012
Corporation Tax – group relief – claimant company resident in the United Kingdom – subsidiaries resident in other EU member states – whether making a claim for group relief implies the withdrawal of an earlier claim for group relief in respect of losses of companies resident in the United Kingdom – whether claim made in … Continue reading Linpac v Revenue and Customs (Income Tax/Corporation Tax : Exemptions and Reliefs): FTTTx 31 Jan 2020
Penalty – Late filing of corporation tax return – Whether reasonable excuse on the facts – No – Appeal dismissed -paragraph 18 schedule 18 Finance Act 1998 Citations: [2011] UKFTT 248 (TC) Links: Bailii Jurisdiction: England and Wales Corporation Tax Updated: 12 November 2022; Ref: scu.442978
CORPORATION TAX – penalties for late filing of company tax returns for three accounting periods – insufficient evidence that HMRC had given proper notice to file the returns under paragraph 3 of Schedule 18 Finance Act 1998 – appeal allowed Citations: [2019] UKFTT 575 (TC) Links: Bailii Jurisdiction: England and Wales Corporation Tax Updated: 03 … Continue reading Tillzane Scaffolding Ltd v Revenue and Customs: FTTTx 12 Sep 2019
Corporation Tax – Late Filing – Flat-Rate Penalties – Schedule 18 Finance Act 1998 – Were the penalties correctly imposed? – Yes – Was there a reasonable excuse? – No – Appeal dismissed. Citations: [2019] UKFTT 431 (TC) Links: Bailii Jurisdiction: England and Wales Corporation Tax Updated: 28 October 2022; Ref: scu.641234
CORPORATION TAX – Late Filing Flat-Rate Penalties – Schedule 18 Finance Act 1998 – Were the penalties correctly imposed? – Yes – Was there a reasonable excuse? – No – Appeal dismissed Citations: [2019] UKFTT 486 (TC) Links: Bailii Jurisdiction: England and Wales Corporation Tax Updated: 25 October 2022; Ref: scu.641257
Penalty – Failure to provide information and documents – reliance on accountant to provide information and documents – Whether reasonable excuse – Yes – Appeal allowed – Paragraph 29 schedule 18 Finance Act 1998 Citations: [2009] UKFTT 328 (TC) Links: Bailii Jurisdiction: England and Wales Taxes Management Updated: 04 October 2022; Ref: scu.409123
The taxpayer sought to set off against its liability to Corporation Tax the depreceiation of its stock. Held: The Inspector’s appeal succeeded. Even though the depreciation was conventional, the prohibition in the 1988 Act was general and overrode it, and was not displaced by the recognition given in the 1998 Act to standard accountancy practices. … Continue reading HM Inspector of Taxes v Mars UK Ltd: ChD 12 Apr 2005
FTTTx Penalty – Late filing of company’s tax return – Whether return filed within three months of the due date – No – Appeal dismissed – Schedule 18 Finance Act 1998 Judges: Brooks TJ Citations: [2011] UKFTT 311 (TC) Links: Bailii Statutes: Finance Act 1998 Sch 18 Jurisdiction: England and Wales Taxes Management Updated: 17 … Continue reading GV Cox Ltd v Revenue and Customs: FTTTx 10 May 2011
FTTTx Company Tax – Penalties for late returns (Finance Act 1998, Sch 18, para 17) – Reasonable excuse (Taxes Management Act 1970, s.118(2)) – Returns submitted within deadline but rejected by HMRC as accounts were not signed – Burden on HMRC to establish that returns were filed late and therefore to establish in this case … Continue reading Codu Computer Ltd v Revenue and Customs: FTTTx 28 Feb 2011
Appeal by Revenue against rejection of assessment to Corporation Tax made as ‘discovery assessment’. Citations: [2007] EWHC 1684 (Ch) Links: Bailii Statutes: Finance Act 1998 Sch18 p14 Jurisdiction: England and Wales Corporation Tax Updated: 11 September 2022; Ref: scu.258162
Penalty – Failure to provide information and documents – reliance on accountant – Whether reasonable excuse – No – Appeal dismissed – Paragraph 29 schedule 18 Finance Act 1998 Citations: [2009] UKFTT 329 (TC) Links: Bailii Jurisdiction: England and Wales Corporation Tax Updated: 17 August 2022; Ref: scu.409108
FTTTx Applications for directions to close enquiry into tax returns – Whether possible to give directions – Applications dismissed – section 28A Taxes Management Act 1970 and paragraph 33 schedule 18 Finance Act 1998 Citations: [2010] UKFTT 19 (TC) Links: Bailii Jurisdiction: England and Wales Taxes Management Updated: 17 August 2022; Ref: scu.408865
CORPORATION TAX — capital allowances – time limit for claims – Finance Act 1998, Schedule 18, paragraph 82 – claims for capital allowances submitted more than 12 months after filing dates – notice of enquiry given – whether claims timeous because submitted before enquiry completed – yes – appeal refuse Citations: [2019] UKUT 208 (TCC) … Continue reading Revenue and Customs v Dundas Heritable Ltd: UTTC 2 Jul 2019
The Revenue appealed findings as to the calculation of profits for corporation tax. The companies had sought to deduct sums from profits for depreciation of unsold stock in accordance with current accounting standards. Held: ‘the profit and loss account is concerned with revenue and expenses. A fall in the value of stock to below cost, … Continue reading Revenue and Customs v William Grant and Sons Distillers Ltd: HL 28 Mar 2007
Income Tax – closure notices under sections 28A and 28B of the Taxes Management Act 1970 and section 32, Sch18 Finance Act 1998; and appeals against information notices issued under Schedule 36 of the Finance Act 2008; whether copies sufficient; reasonably required and reasonable grounds considered Citations: [2019] UKFTT 388 (TC) Links: Bailii Statutes: Taxes … Continue reading Perfectos Printing Inks Ltd, Perfectos Printing Inks Group Ltd and Dr Price v Revenue and Customs: FTTTx 14 Jun 2019
Company Tax – Schedule 18 of Finance Act 1998 (‘FA’) – flat-rate and tax-relate penalties for failure to file a CT return on time – reliance on agent – whether taxpayer had a reasonable excuse for his default – appeal dismissed. Citations: [2019] UKFTT 351 (TC) Links: Bailii Jurisdiction: England and Wales Corporation Tax Updated: … Continue reading J Hayes Properties Ltd v Revenue and Customs (: FTTTx 1 Jun 2019
The inspector had sought additional information from the company with respect to its tax returns, believing that the company had not provided sufficient information about the earnings of foreign controlled companies. They now challenged the ability of the commissioners, upheld at first instance to rule on a question of law. Held: Schedule 33 contained no … Continue reading HM Revenue and Customs v Vodafone 2: CA 28 Jul 2006
SCIT Corporation tax – late filing of company tax returns – penalty provisions – transitional provisions – whether fixed penalty under Schedule 18, paragraph 17 to the Finance Act 1998 for a third late filing of a company tax return should be the higher penalty of andpound;1000 where one or more of the previous late … Continue reading Lessex Ltd v HM Inspector of Taxes: SCIT 6 Nov 2003
Judges: Sir Geoffrey Vos C Citations: [2019] EWHC 338 (Ch), [2019] WLR(D) 123 Links: Bailii, WLRD Statutes: Finance Act 1998 Jurisdiction: England and Wales Limitation, European, Taxes Management Updated: 06 May 2022; Ref: scu.634393
Corporation Tax – Capital allowances – s11 Capital Allowances Act 2001 – expenditure incurred on studies relating to the design and construction of offshore windfarms and their component parts including wind turbines and electrical cables – are the windfarms single items of plant – yes – in the alternative the wind turbines and electrical cables … Continue reading Gunfleet Sands Limited Gunfleet Sands II Limited Walney (UK) Offshore Windfarms Limite Dorsted West of Duddon Sands (UK) Limited v Revenue and Customs: FTTTx 3 Feb 2022
Corporation Tax – Flat-rate and tax-geared penalties for late submission of company tax returns under Schedule 18 Finance Act 1998 – whether tax return incomplete – whether Director’s report under Companies Act 1985 and Companies Act 2006 required in order for return to be complete- yes -whether company had reasonable excuse for late submission of … Continue reading Goodtime Print and Design v Revenue and Customs: FTTTx 1 Oct 2012
UTTC CORPORATION TAX – validity of amendment to return made under paragraph 34(2A) Schedule 18 Finance Act 1998 – appeal dismissed [2016] UKUT 264 (TCC) Bailii England and Wales Corporation Tax Updated: 20 January 2022; Ref: scu.567360
Income Tax; Enquiry into Self Assessment Return; Amendments to Return; whether deductions should be made for invoices rendered by Appellant’s limited company; whether services actually performed by that company and if so, when performed; principles of generally accepted accounting practice; accruals basis of accounting; computation of profits in accordance with such practice; Finance Act 1998 … Continue reading Craig v Revenue and Customs: FTTTx 27 Jan 2012
CORPORATION TAX – late filing of company tax return – penalties under paragraph 17(2) and 18(2) Schedule 18 Finance Act 1998 – serious illness of company’s accountant and agent – whether reasonable excuse [2012] UKFTT 524 (TC) Bailii England and Wales Corporation Tax Updated: 10 January 2022; Ref: scu.466140
Appellants’ renewed application for permission to appeal against an order refusing permission to apply for judicial review of the decision of the respondents in which they refused to exercise their statutory discretion to permit adjustments to claims made for corporation tax group relief outside the ordinary statutory time limits for such claims provided for in … Continue reading GMGRM North Ltd and Others, Regina (on The Application of) v Ritchie (Revenue and Customs) and Another: CA 19 Jun 2014
Paragraph 18 to Schedule 18 of the Finance Act 1998- Whether reasonable excuse for late return – No [2012] UKFTT 282 (TC) Bailii England and Wales Taxes Management Updated: 12 November 2021; Ref: scu.462717
The Court was asked as to the appropriate Corporation Tax treatment of the novation of a portfolio of ‘in the money’ interest-rate swaps (‘the Novation’) to another company in the same group, Bank of Ireland Business Finance Limited for a premium of andpound;91 million, and the validity of a notice issued by the revenue. Held: … Continue reading HM Revenue and Customs v Bristol and West Plc: CA 27 Apr 2016
The taxpayer insurance company had transferred sums from accounts designated as Capital Reserves. The Revenue said that these were properly part of the profit and loss accounts for the respective tax years, and chargeable receipts. Held: The Revenue’s cross appeal succeeded. As a life assurance company, the amounts to be taken into account in computing … Continue reading Scottish Widows Plc v Revenue and Customs: SC 6 Jul 2011
Corporation tax – joint referral – FA 1998, Sch 18, para 31A – group relief – consortium – surrendering company indirectly partly owned by Luxembourg company – condition that ‘link company’ must be UK resident or carry on a trade in the UK through a permanent establishment – s 402(3), (3A) and (3B) ICTA 1988 … Continue reading The Felixstowe Dock and Railway Company Ltd and Others v Revenue and Customs: FTTTx 19 Dec 2011
The company wished to assign losses in its European subsidiaries against its profits. Since the losses were first claimed, the subsidiaries had gone into insolvent liquidation.
Held: Lord Hope said: ‘I would answer the first issue by rejecting . .
SCIT Payments for the release of share options chargeable under Income and Corporation Taxes Act 1988, s. 135 – Application of PAYE Regulations – Whether obligation to deduct tax under existing law prior to its . .
INCOME TAX – limited liability partnerships – Income Tax (Trading and Other Income) Act 2005, section 863 – whether HMRC had power to open enquiry under Taxes Management Act 1970, section 12AC – whether any enquiry should have been made under . .
References: [2016] UKUT 264 (TCC) Links: Bailii Ratio: UTTC CORPORATION TAX – validity of amendment to return made under paragraph 34(2A) Schedule 18 Finance Act 1998 – appeal dismissed Last Update: 30-Jul-16 Ref: 567360
The plaintiffs had paid deposits for apartments which were to be built. After the developer became insolvent the plaintiffs sought recovery of the deposits, saying they had a lien which preceded the claims of chargees. Held: The one appeal failed and another succeeded. ‘the circumstances in which a purchaser’s lien will arise are not limited … Continue reading Chattey and Another v Farndale Holdings Inc and others: CA 11 Oct 1996
The claimants complained that the receivers appointed by the bank had failed to get the best price for properties charged to the bank and sold, in that they had failed to obtain planning permissions which would have increased the values of the properties. Held: The court was being asked ‘whether the express appointment in the … Continue reading Silven Properties Ltd and Another v Royal Bank of Scotland Plc and Others: CA 21 Oct 2003
The appellant had contracted to provide office accomodation to the defendant. The air conditioning did not work and there were other defects. The appellant now challenged a finding of liability and that its contract terms which were said to totally exclude liability were unfair under the 1977 Act. Held: The appeal succeeded. Alternative remedies would … Continue reading Regus (UK) Ltd v Epcot Solutions Ltd: CA 15 Apr 2008
Solicitors were instructed by the bank to obtain the signature of a client and of his wife to a motgage. The deed was signed by the husband and a woman pretending to be the wife. Held: The court said that it was asked whether the bank intended to ask for, and whether the solicitors intended … Continue reading Midland Bank Plc v Cox McQueen (A Firm): CA 26 Jan 1999
Claim alleging misselling of interest rate hedging products. The court considered the defendants strike out application, and applications for leave to amend pleadings. Held: it will normally be appropriate for summary judgment to be pursued on a limitation point by an application made under CPR 24.2 and preferably after the claimant has had an opportunity … Continue reading Boyse (International) Ltd v Natwest Markets Plc and Another: ChD 27 May 2020
Losses arose from the misvaluation of a company before its purchase. The respondent had funded the purchase, relying upon a valuation by the predecessor of the appellant firm of accountants. Further advances had been made when the true situation was revealed. Held: The accountants’ appeal succeeded. As a general rule ‘collateral benefits are those whose … Continue reading Lowick Rose Llp v Swynson Ltd and Another: SC 11 Apr 2017
The Society appealed dismissal for limitation of its claim against the defendant firm of accountants arising from alleged fraud in approval of a solicitor’s accounts. Held: The liability did not arise until the Society decided to make compensation to those who had been affected by the solicitor’s default. The claims in negligence were not time … Continue reading The Law Society v Sephton and Co and others: CA 13 Dec 2004
Partners Liable for Dishonest Act of Solicitor A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners. Held: The acts complained of were so close to the activities which a solicitor would normally undertake, that … Continue reading Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002
Bank not liable for fraud of customer The appellant sought to make the bank liable for a fraud committed by the Bank’s customer, the appellant saying that the Bank knew or ought to have known of the fraud. The court was asked whether a party liable only as a dishonest assistant was a trustee, and … Continue reading Williams v Central Bank of Nigeria: SC 19 Feb 2014
(Brunei) The defendants were a one-man company, BLT, and the one man, Mr Tan. A dishonest third party to a breach of trust was liable to make good a resulting loss even though he had received no trust property. The test of knowledge was an objective one: ”knowingly’ was better avoided as a defining ingredient … Continue reading Royal Brunei Airlines SDN BHD v Tan: PC 24 May 1995
The appellants contracted through an agent to supply tyres. The respondents contracted not to do certain things, and in case of breach concluded: ‘We agree to pay to the Dunlop Pneumatic Tyre Company, Ltd. the sum of 5 l. for each and every tyre, cover or tube sold or offered in breach of this agreement, … Continue reading Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd: HL 1 Jul 1914
EAT Four employees successfully established before the Employment Tribunal that they had been unfairly dismissed for redundancy. The Tribunal found that there had been procedural defects. In particular the assessments in the redundancy exercise had been inadequate and subjective. The Tribunal considered whether the dismissals were fair under section 98A(2) of the Employment Rights Act … Continue reading Software 2000 Ltd v Andrews etc: EAT 17 Jan 2007
In a marriage settlement, the first defendant, a solicitor, advised the persons who were acting as trustees, though not yet formally appointed as such. He suggested a series improper of investments for the trust funds. The money was to be lent on speculative building, and the margin was unsatisfactory. The money was lost. Lord Herschell … Continue reading Mara v Browne: CA 17 Dec 1895
The plaintiff had made a loan to a company in which he had a joint interest in order to enable it to pay the price due under a contract for the purchase of development land. The company failed, and he now claimed to be a secured creditor by subrogation to the vendor’s lien. Held: A … Continue reading Paul v Speirway Ltd (in liquidation): 1976
The owners had purchased their property with a loan from the BBBS. A charge was then given to BCCI, which charge said no further charge could be registered without BCCI ‘s consent. The C and G agreed to lend a sum to refinance the entire borrowings, but on the day it was to be completed, … Continue reading Cheltenham and Gloucester Plc v Appleyard and Another: CA 15 Mar 2004
The question arising was whether paragraph 55(2) of Schedule 8 to the Finance Act 1995, a reinsurance treaty entered into on 25 November 1994 by the taxpayer reinsurer with a non-resident cedant is, by virtue of the fact that policies of life assurance ceded by that treaty were issued before 1 November 1994, within the … Continue reading Barrett (HM Inspector of Taxes) v Royal London Mutual Insurance Society Ltd: CA 12 Jun 2003
An award of damages for misrepresentation required that there had at some time been a right of rescission, not necessarily a continuing right to rescind. An acknowledgement of non-reliance clause has become a common part of modern commercial contracts. An entire agreement clause limits the terms of the parties’ agreement to their written agreement and … Continue reading Thomas Witter v TBP Industries Ltd: ChD 15 Jul 1994
A notice was served under section 146, and specified breaches of the covenant to repair and breach of a covenant against sub-letting. In fact there was no covenant against sub-letting in the lease. Held: Having regard to earlier cases, the notice was held to be sufficient for the purposes of Section 146. The breach relied … Continue reading Silvester v Ostrowska: 1959