Court of Appeal rejects Treaty challenge to the United Kingdom’s “capital attribution” tax legislation

September 04 2020

Irish Bank Resolution Corporation Ltd v HMRC [2020] EWCA Civ 1128 concerns the compatibility of UK tax legislation with the business profits article (article 8(2)) of the UK / Ireland Double Taxation Convention of 1976 (the “UK / Ireland Treaty”).    A non-UK resident company is chargeable to corporation tax if it conducts a trade in the UK through a permanent establishment (“PE”). ...

AssetCo PLC v Grant Thornton UK LLP [2020] EWCA Civ 1151

September 03 2020

In an appeal concerning a multi-million pound audit negligence claim, Grant Thornton LLP has succeeded in substantially reducing the damages awarded by Bryan J at first instance, in a recent decision of the Court of Appeal handed down on 28 August 2020. The Court of Appeal upheld Grant Thornton LPP’s appeal that AssetCo must give credit against its losses for a share issue in which the company...

Recent Commercial Court decision highlights the importance of strict compliance with claim notification provisions in share and business sale and purchase agreements

August 03 2020

In a recently delivered decision, Dodika Limited & Others v. United Luck Group Holdings Limited [2020] EWHC 2101 (Comm), Mr Peter MacDonald Eggers Q.C. (sitting as a Deputy Judge of the Commercial Court) has ruled that a notice of claim under a tax covenant contained in a share sale and purchase agreement (SPA) failed to comply with the requirements of the claim notification provisions in the SPA....

One Essex Court is one of six Barristers’ Chambers working together to create a mentoring scheme for underrepresented groups at the Bar

July 28 2020

One Essex Court is delighted to announce that it is working with five other sets of Chambers to create a mentoring scheme, which aims to support and encourage individuals from groups which are underrepresented at the Bar of England and Wales (and in particular the commercial bar) to pursue careers as barristers.  Those underrepresented groups include women; people from minority ethnic backgrounds;...