CCUK Finance Limited & another v Barclays Bank PLC

HMRC Defeats Arrangement to Obtain £36 million Corporation Tax Relief

May 14 2020

In Union Castle Steamship Ltd v HMRC [2020] EWCA Civ 547, a lead case, the Court of Appeal reached a fundamental decision on the relationship between taxation and accounting profits.  In upholding the Upper Tribunal’s decision ([UKUT] 316) that a DOTAS registered, marketed tax avoidance scheme was ineffective, the Court of Appeal dismissed Union Castle’s claim that the issue of shares,...

Force Majeure Clauses and COVID-19

May 04 2020

Jamie Goldsmith QC, James Fox and Ben Zelenka Martin have written a note about the operation of force majeure clauses in the context of COVID-19. It explores: (i) the circumstances in which a party might be able to rely on a force majeure provision; (ii) the impact of COVID-induced supply constraints; and (iii) whether deposits and advance payments would have to be repaid in the event of force majeure....

David Wolfson QC and Richard Mott win significant hearing on the scope of without prejudice privilege and its exceptions, in a judgment of general importance to practitioners

May 04 2020

In his judgment in Berkeley Square Holdings & Ors v Lancer Property Asset Management Ltd & Ors, Roth J has provided important clarification of the scope of three separate exceptions to without prejudice privilege, including one which has never previously been applied in England, and another for which the legal basis has been notoriously unclear. The underlying facts concern a London property...

Enka v Chubb: The Court of Appeal grants anti-suit injunction with indemnity costs

April 29 2020

The Court of Appeal has today handed down judgment in what may well turn out to be the leading case on the English choice of law rules for ascertaining the proper law of an arbitration agreement and the role of the court of the seat of arbitration in granting anti-suit injunctions. Enka, the claimant, was engaged in 2012 as one of the subcontractors providing services in relation to the construction...