Sale of property in England dutiable here although executed abroad under trust created abroad. Price not inadmissible for court. Citations: Times 13-Jan-1998 Statutes: Stamp Act 1891 1 54 59(1) Jurisdiction: England and Wales Stamp Duty Updated: 03 November 2022; Ref: scu.84573
The plaintiff, which carried on a retail shoe franchising business mainly in the United States, had prospective franchisee in England but had not commenced trading there. There was an awareness in England of the plaintiff’s trade name and activities in the USA, but no more than preparatory steps had been taken to set up a … Continue reading The Athletes’ Foot Marketing Associates Inc v Cobra Sports Ltd: ChD 1980
The claimants owned Community and UK trade marks in the name ‘Cipriani’. The defendants operated a restaurant in London using, under the licence of another defendant, the same name. The claimant sought an injunction to prevent further use of the name. The defendants said that they came within the ‘own name’ exception. Held: The appeal … Continue reading Hotel Cipriani Srl and Others v Cipriani (Grosvenor Street) Ltd and Others: CA 24 Feb 2010
The defendant had taken an assignment of the goodwill of a restaurant from the company of which she was a director. The plaintiffs as assignees of any claims of the company, now in liquidation, said that she was liable to account to them for the goodwill. Held: The judge had been incorrect in not finding … Continue reading Condliffe and Another v Sheingold: CA 31 Oct 2007
The deceased had assigned his coal merchant business to the respondent against a promise to pay andpound;5.00 a week to his widow whilst she lived. The respondent appealed an order requiring him to make the payments, saying that as a consolidating Act, the 1925 Act should not be read to change the common law. Held: … Continue reading Beswick v Beswick: HL 29 Jun 1967
Stamp duty not mitigated where consideration ascertainable when lease was executed. Citations: Times 11-Jul-1996 Statutes: Stamp Act 1891 1 Jurisdiction: England and Wales Citing: Appealed to – L M Tenancies 1 Ltd v Inland Revenue Commissioners CA 4-Feb-1998 The stamp duty payable on a lease is calculated according to the values known at the date … Continue reading L M Tenancies 1 Plc v Inland Revenue Commissioners: ChD 11 Jul 1996
One English company transferred to another English company certain property in France by a deed of ‘apport’ executed in France according to the formalities of French law, the price of the property being payable in shares of the purchasing company. Held that the deed was a ‘conveyance on sale’ within the meaning of section 54 … Continue reading Inland Revenue v Maple and Co (Paris) Ltd: HL 27 Nov 1907
Citations: [1908] UKHL 681 Links: Bailii Statutes: Stamp Act 1891 Jurisdiction: England and Wales Stamp Duty Updated: 26 April 2022; Ref: scu.621505
Sec. 56 (2) of the Stamp Act 1891 provides as follows:-‘Where the consideration, or any part of the consideration, for a conveyance on sale consists of money payable periodically for a definite period exceeding twenty years or in perpetuity, or for any indefinite period not terminable with life, the conveyance is to be charged in … Continue reading Underground Electric Railway Co of London v Commissioners of Inland Revenue: HL 15 Dec 1905
A contract where land was held by nominees and then sold to third Party is a ‘conveyance of sale’. Citations: Ind Summary 04-Sep-1995 Statutes: Stamp Act 1891 54 Jurisdiction: England and Wales Stamp Duty Updated: 15 April 2022; Ref: scu.84686
(Income Tax/Corporation Tax : Losses) INCOME TAX – offset of trading losses against income – whether land was held as trading stock – whether declaration of trust was effective to transfer beneficial ownership of land to appellants – effect of s14 Stamp Act 1891 on admissibility of trust declarations – application of foreign laws – … Continue reading Schechter v Revenue and Customs: FTTTx 2 Mar 2017
The House considered the liability, or not, to stamp duty of an agreement made in the UK. Under the Stamp Act 1891 an agreement made in the UK for the sale of any estate or interest in any property except lands or property locally situate out of the UK was chargeable with ad valorem stamp … Continue reading Commissioners of Inland Revenue v Muller and Co Margarine: HL 1901
Where a person who is the owner beneficially of property (and the legal estate is vested in another as trustee for him) makes a declaration of trust the practical effect amounts to the ‘getting rid of’ a trust or equitable interest then subsisting. Lord Evershed MR [1958] Ch 690 England and Wales Cited by: Appeal … Continue reading Grey and Another (Hunter’s Nominees) v Inland Revenue Commissioners: CA 1958
The taxpayer and her son owned through a trust the entire beneficial interest in the shares of a company. She agreed to transfer other shares to him in return for his interest in the shares subject to the trust, releasing the trust. The Revenue contended that there must be a deed giving effect to the … Continue reading Oughtred v Inland Revenue Commissioners: HL 4 Nov 1959
An assessment to income tax had been raised after the employee resold shares in the company issued through the employees’ share scheme at a price which the Revenue said was above the share value. The company appealed against a finding that tax was payable. Held: The appeal failed. The Revenue should calculate the price which … Continue reading Grays Timber Products Ltd v Revenue and Customs: SC 3 Feb 2010
The court was asked whether, as the appellants contended, a claimant who is seeking to maintain an action in passing off need only establish a reputation among a significant section of the public within the jurisdiction, or whether, as the courts below held, such a claimant must also establish a business with customers within the … Continue reading Starbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others: SC 13 May 2015
Contract for payment of sum on event The Insurance company provided endowment insurance polices. They disagreed with the Commissioners as to whether these were policies of insurance and thus as to how they fell to be stamped. Life insurance was defined in the 1891 Act as ‘insurance upon any life or lives or upon any … Continue reading Prudential Insurance Co v Inland Revenue Commissioners: 1904
The claimants sought to reduce liability for stamp duty by arranging an intermediate sale to a company followed by a scheme of regular payments. Held: The scheme was not effective to save stamp duty. The combined effect of the sections was to impose the liability for duty on the considerations paid by both the purchaser … Continue reading Robin Alexis Justin Keston, Helen Janet Keston v Commissioners of Inland Revenue: ChD 27 Jan 2004
The taxpayer made a gift of shares to a trust set up to fund a medical professorship. The shares were in a private company, and an option was given for their repurchase once a certain level of dividends had been attributed to them. He was assessed to substantial surcharges on them on the basis that … Continue reading Vandervell v Inland Revenue Commissioners: HL 24 Nov 1966
Parties appealed against on order for the winding up of the company. The Authority (FSA) had said that the company which supplied warranties to owners of digital receiver boxes were providing regulated insurance services, but that the companies were not registered. The warranties were for the repair and supply of parts only, and the company … Continue reading Digital Satellite Warranty Cover Ltd v The Financial Services Authority: CA 29 Nov 2011
Protesters handed out leaflets and carried posters outside the plaintiff’s estate agency. He claimed in trespass over the public footpath outside his premises. The defendants appealed the grant of an interlocutory injunction to prevent their demonstrations. Held: The injunction was upheld. The question of rights to use the highway was irrelevant; the court was concerned … Continue reading Hubbard v Pitt: CA 1976
House owners had used vehicular access across a common to get to their houses for many years. The commons owner required them to purchase the right, and they replied that they had acquired the right by lost modern grant and/or by prescription. Held: The use of a right of way over a common by vehicles … Continue reading Roland Brandwood and others v Bakewell Management Ltd: CA 30 Jan 2003
The appellants challenged an order for the dissolution of their company under the 2000 Acts. They had provided warranties for assorted consumer electrical goods which amounted to insurance, but said that they were not required to be registered under the Act since only services in kind were ever provided. Held: The appeal failed. The fact … Continue reading Digital Satellite Warranty Cover Ltd and Another v Financial Services Authority: SC 13 Feb 2013
The defendant company provided for the hire of a chauffeur if the insured was disqualified from driving.
Held: Contracts of insurance are not confined to contracts for the payment of money, but may include a contract for some benefit . .
