A purposive approach to the rule against foreign revenue enforcement. International Corporate Rescue 2010, 7(2),
|
|
- Derrick Houston
- 6 years ago
- Views:
Transcription
1 A purposive approach to the rule against foreign revenue enforcement International Corporate Rescue 2010, 7(2), Joseph Curl The rule against foreign revenue enforcement The principle that the courts of one country will not enforce the revenue laws of another is of long standing. Dicey, Morris & Collins on The Conflict of Laws observes that it is a well established and almost universally applied principle. 1 Tomlin J regarded the principle as being one of considerable antiquity as long ago as 1928: "there is a well recognised rule, which has been enforced for at least 200 years or thereabouts, under which these courts will not collect the taxes of foreign states for the benefit of the sovereigns of those foreign states." 2 Most of the reported cases over the years have had an insolvency context. Lord Keith of Avonholm gave perhaps the best known articulation of the principle in his speech in Government of India, Ministry of Finance (Revenue Division) v Taylor. 3 In that case, the Indian government proceeded against an English company s liquidators for unpaid Indian capital gains tax. A proof had been lodged by the Indian government but it had been rejected by the English liquidator. The liquidator argued that the company s assets could not be used to settle a foreign revenue debt. Lord Keith agreed with the liquidator, holding that: enforcement of a claim for taxes is but an extension of sovereign power which imposed the taxes, and that an assertion of sovereign authority by one State within the territory of another, as distinct from a patrimonial claim by a foreign sovereign, is (treaty or convention apart) contrary to all concepts of independent sovereignties. 4 Both direct and indirect enforcement are prohibited. Dicey, Morris & Collins states that: "[d]irect enforcement occurs where a foreign State or its nominee seeks to obtain money or property, or other relief, in reliance on the foreign rule in question. But indirect enforcement is also prohibited, for a foreign State cannot be allowed to do indirectly what it cannot do directly. Indirect enforcement is, however, easier to 1 L Collins (ed.), Dicey, Morris & Collins on The Conflict of Laws (14 th edn Sweet & Maxwell, London, 2006), para.5-020, p Re Visser [1928] Ch 877, [1955] AC [1955] AC 491,
2 describe than to define...and it is sometimes difficult to draw the line between an issue involving merely recognition of a foreign law and indirect enforcement of it." 5 In the Government of India case, the identity of the plaintiff meant that it was beyond argument that the claim represented an attempted assertion by a sovereign power of its own revenue laws within the territory of another state. The insolvency context in Government of India was provided by the defendant liquidator. However, the trend in other reported cases is for the claim to be asserted by a liquidator or trustee in bankruptcy and not by the foreign sovereign power itself. Where the party bringing the action is an insolvency practitioner discharging his or her duty to maximise the insolvent estate, the question for the court is whether or not the claim amounts to an indirect attempt by a foreign state to enforce its revenue laws through the insolvency practitioner as its nominee. What is a nominee for these purposes? If Dicey, Morris & Collins is correct that the line is difficult to draw, what principles are to be applied in order to determine its whereabouts in each case? To what degree will the courts look to substance as opposed to form? How purposive an approach will be taken? Relfo Limited v Varsani Where the line should be drawn was the question that arose for determination by the High Court of Singapore in Relfo Limited v Varsani. 6 Lady Justice Judith Prakash took a highly purposive approach and dismissed the English liquidator s claim, despite her findings concerning the unattractive conduct of the defendant. The plaintiff in Relfo Limited v Varsani was a British company (Relfo Limited) acting by its English liquidator trying to recover the proceeds of a breach of trust. In April 2004 the United Kingdom Inland Revenue had issued a notice warning of legal proceedings to Relfo Limited based on a 2001 tax liability of GBP 1,409, Payment was required by 3 May 2004 but no payment was made. On 4 May 2004, the plaintiff s director (Mr Gorecia) paid away GBP 500,000 (about USD 890,050) to a BVI company. The defendant was Mr Varsani, a business associate of Mr Gorecia. On 5 May 2004, Mr Varsani s Singaporean bank account was credited with USD 878, On 23 July 2004, the plaintiff was wound up. Relfo Limited s liquidator claimed against Mr Varsani for knowing receipt or dishonest assistance. Mr Varsani submitted that the monies he received were not the monies paid away by Mr Gorecia and alleged that various documents relied upon by the liquidator were forgeries. However, Mr Varsani elected not to call any evidence at trial. He submitted that 5 L Collins (ed), Dicey, Morris & Collins on The Conflict of Laws (14 th edn, Sweet & Maxwell, London, 2006), 5-023, p [2008] SGHC 105, [2009] WTLR
3 there was no case to answer on the basis that Relfo Limited s claim was a concealed claim by the UK Inland Revenue for recovery of unpaid tax and was therefore unenforceable under the principle that courts should never enforce a foreign revenue debt. The first part of Prakash J s judgment in Relfo Limited v Varsani deals with liquidator s positive case. For the purposes of dealing with Mr Varsani s plea of no case to answer, Prakash J had little difficulty in finding in favour of the liquidator on the question of knowing receipt. The three ingredients for knowing receipt were plainly satisfied. Firstly, Prakash J found that Relfo Limited s assets had been disposed of in breach of trust and/or fiduciary duty. 7 Secondly, Mr Varsani had received assets that were traceable to Relfo Limited s assets on the basis of inferences that could be drawn from the liquidator s unchallenged evidence. 8 Thirdly, Mr Varsani had knowledge that the assets were traceable to the plaintiff s assets that made it unconscionable for him to retain them. 9 Up to this point, the liquidator had succeeded on everything. In a nutshell, Prakash J found that there was sufficient evidence to conclude that the money standing to the credit of Mr Varsani s bank account was Relfo Limited s money. Despite the judge s acceptance of the positive case on the question of knowing receipt, Mr Varsani succeeded against the liquidator on the rule against foreign revenue enforcement. Prakash J rejected the liquidator s submission that the rule against foreign revenue enforcement was an archaic principle and found instead that it had been frequently applied in recent times. 10 The judge made particular reference to the Irish case Peter Buchanan Limited v McVey. 11 Peter Buchanan Limited had been cited by Lord Keith in his speech in Government of India and described by his Lordship as an admirable judgment. 12 In Peter Buchanan Limited, the defendant had been the majority shareholder and managing director of the plaintiff company. The defendant had caused the funds of the plaintiff company to be transferred to Ireland to avoid significant tax liabilities arising from its activities in Scotland. The plaintiff company s Scottish liquidator caused the plaintiff to sue the defendant for an account of all monies due to the plaintiff. Despite the Irish court s finding that there had been a dishonest scheme to defeat the Scottish tax liability, the claim failed because the liquidator was really a nominee of a foreign revenue authority and the claim was in substance a claim to enforce foreign revenue laws in Ireland. Prakash J also noted that Peter Buchanan Limited had been followed by the English Court of Appeal in recent times in QRS 1 Aps v 7 Ibid, paras Ibid, paras Ibid, paras Ibid, para [1955] AC [1955] AC 491,
4 Frandsen. 13 In QRS 1 Aps, the defendant was pursued by the liquidator of certain companies who had been appointed by the Danish tax authorities. The Danish revenue was the only creditor of the claimant companies. It was held by the Court of Appeal in QRS 1 Aps that the facts were indistinguishable from Peter Buchanan Limited. The claim was in substance a claim to enforce Danish revenue laws in England. Mr Varsani submitted that the case before Prakash J was directly analogous to these cases in that the sole objective of the liquidator s action was to collect a debt owing to the UK Inland Revenue. In response, the liquidator sought to show that his claim was not in substance a claim by the UK Inland Revenue. A number of points of distinction were put forward. Firstly, the liquidator pointed out that Relfo Limited had been put into liquidation by Mr Gorecia as its director. This was not the position in either Peter Buchanan Limited or QRS 1 Aps, where the liquidation had been commenced by the revenue authorities. Signalling the strongly purposive approach that was to pervade the entirety of her judgment, Prakash J held that although it was correct that Relfo Limited had been placed into liquidation by its directors and not by the UK Inland Revenue, the real reason for its liquidation had been the pressure exerted by the UK Inland Revenue. 14 The notice of legal proceedings issued by the UK Inland Revenue in April 2004 had signalled to Mr Gorecia that action was about to be taken. It was this that had provoked the liquidation. Next, the liquidator pointed to the fact that at the commencement of the action, the UK Inland Revenue had not been the only creditor. Alongside the UK Inland Revenue s claim, Mr Gorecia had also asserted a claim in the liquidation. This, said the liquidator, undermined Mr Varsani s central contention that the claim was in substance a claim to enforce a foreign revenue law. The liquidator argued that this could not be the case because the claim had been brought for the benefit of multiple creditors. The liquidator highlighted a passage in the judgment of Maguire CJ in Peter Buchanan Limited in support of this argument: [I]f the payment of a revenue claim was only incidental and there had been other claims to be met, it would be difficult for our courts to refuse to lend assistance to bring assets of the company under the control of the liquidator. 15 This argument did not succeed either because by the time the matter came to trial, Mr Gorecia had withdrawn his claim. This meant that the UK Inland Revenue was indeed the only party that would benefit from any judgment against Mr Varsani. In the judgment of 13 [1999] 1 WLR [2008] SGHC 105, [2009] WTLR 1019, para [1955] AC 516,
5 Prakash J, it was not relevant that there had been a historic claim by Mr Gorecia. Strikingly, this was the case despite Prakash J s observation that it appeared likely that Mr Gorecia s claim in the liquidation had been tactically withdrawn by him for the purpose of strengthening Mr Varsani s position on this very point. Such motivation was not relevant to the fact that UK Inland Revenue was the only creditor and the claim was thus in substance a claim to enforce a foreign revenue debt. 16 Finally, the liquidator submitted that his activities were not being funded or directed by the UK Inland Revenue and that he bore the risk of failure. Applying her purposive approach once again, Prakash J found that these differences were only superficial. What was significant was that the liquidator was a liquidator of the UK Inland Revenue s choosing and that the liquidator was a specialist who was typically appointed to pursue claims. The UK Inland Revenue was the liquidator s main client and the no-win-no-fee basis on which he worked should not obscure the fact that any funds recovered would (after deduction of fees and expenses) go to UK Inland Revenue. 17 Conclusion Relfo Limited v Varsani is significant because it demonstrates starkly the continuing significance of the rule against foreign revenue enforcement and the pitfalls that may lie in the path of insolvency practitioners pursuing cross-border claims. Prakash J s judgment is all the more stark because the liquidator s claim failed despite a finding that Mr Varsani had knowingly received Relfo Limited s money following a breach of trust. This was still not enough to disapply the fundamental principle. It was also the case that the tactical abandonment by Mr Gorecia of his claim in the liquidation was not held against Mr Varsani. An appeal to the Court of Appeal of Singapore by the liquidator was dismissed. 18 It appears clear that insolvency practitioners pursuing cross-border claims must be prepared for a purposive and unrelenting approach to be taken to the rule against foreign revenue enforcement, 19 even where the merits of the case seem to point in the opposite direction. Where a claim is in substance a claim for the enforcement of a revenue debt (or even where 16 [2008] SGHC 105, [2009] WTLR 1019, para Ibid, para It is not local practice for reasoned judgments of the Court of Appeal to be published as a matter of course and unfortunately none is available in this case. However, it is understood that in the judgment of the Court of Appeal of Singapore (consisting of Honourable Chief Justice Chan Sek Keong, Judge of Appeal Justice Andrew Phang Boon Leong and Judge of Appeal Justice V K Rajah), the foreign revenue enforcement point was decisive and Lady Justice Judith Prakash s judgment at first instance was not disturbed. 19 At least outside the European Union: it should be pointed out for completeness that Council Directive [76/308/EEC] on mutual assistance for the recovery of claims (as amended in 2002 [Council Directive (EC) 2001/44]) means that the rule against foreign revenue enforcement will be much less of a problem within the European Union. See further Dicey, Morris & Collins, 5-022, p
6 it will simply have this effect), it would appear from Relfo Limited v Varsani that a liquidator s formal independence from the foreign revenue authorities will be afforded little or no weight. 6
STEP ISRAEL / Case law update Jersey. Presented by Paul Matthams. Partner, Jersey June 2018
STEP ISRAEL 2018 Case law update Jersey Presented by Paul Matthams Partner, Jersey 19-20 June 2018 / Case law update Jersey Introduction Ariel v Halabi and Her Majesty s Revenue & Customs (2018) JRC 006A
More informationImperfect Wills and Trusts
Imperfect Wills and Trusts 1. The drafting of a will or trust, whether in short, medium or long form, can be a precise and exact exercise requiring great skill and care especially when the settlor/trustee
More informationCase Study #2: Commercial Letters of Credit. Chee Seng Soh CEO DC Consultancy Services
Case Study #2: Commercial Letters of Credit Chee Seng Soh CEO DC Consultancy Services [2014] SGHC 274 [2016] SGCA 32 Singapore High Court - Suit No 802 of 2012 Court of Appeal Civil Appeal Nos 156 and
More informationBefore : LORD JUSTICE DAVID RICHARDS And LORD JUSTICE IRWIN Between :
Neutral Citation Number: [2017] EWCA Civ 111 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE HIGH COURT OF JUSTICE CHANCERY DIVISION MANCHESTER DISTRICT REGISTRY HIS HONOUR JUDGE HODGE QC M14C358
More informationSham trusts, the High Court and "Putin's Banker"
JERSEY GUERNSEY LONDON BVI SINGAPORE GUERNSEY BRIEFING November 2017 Sham trusts, the High Court and "Putin's Banker" On 11 October 2017, the High Court released its latest judgment in the long running
More informationEDITORIAL NOTE: NO SUPPRESSION APPLIED. IN THE DISTRICT COURT AT QUEENSTOWN CIV [2016] NZDC 2055
EDITORIAL NOTE: NO SUPPRESSION APPLIED. IN THE DISTRICT COURT AT QUEENSTOWN CIV-2014-059-000156 [2016] NZDC 2055 BETWEEN AND JAMES VELASCO BUENAVENTURA Plaintiff ROWENA GONZALES BURGESS Defendant Hearing:
More informationJUDGMENT. Akita Holdings Limited (Appellant) v The Honourable Attorney General of The Turks and Caicos Islands (Respondent) (Turks and Caicos Islands)
Hilary Term [2017] UKPC 7 Privy Council Appeal No 0064 of 2016 JUDGMENT Akita Holdings Limited (Appellant) v The Honourable Attorney General of The Turks and Caicos Islands (Respondent) (Turks and Caicos
More informationOn 27 March 2017 the Privy
Staying virtuous A recent Privy Council case indicates how the court will determine remedies and damages for breach of fiduciary duty. Joseph de Lacey explains Joseph de Lacey is a solicitor in the litigation
More informationIN THE SUPREME COURT OF NEW ZEALAND SC 78/2014 [2014] NZSC 197. Appellant. Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ
NOTE: THE ORDER MADE BY THE HIGH COURT ON 28 MAY 2012 PROHIBITING PUBLICATION OF THE PARTIES' NAMES AND ANY PARTICULARS THAT WOULD IDENTIFY THE RESPONDENT (INCLUDING HER NAME, OCCUPATION, EMPLOYMENT HISTORY
More informationG.R.F DALLEY & PARTNERS
G.R.F DALLEY & PARTNERS 31.10.2012 NIGERIA BANKING THE SCOPE OF BANKING BUSINESS DEFINED Recently, Honourable Justice B.F.M Nyako of the Federal High Court, Lagos, Nigeria, was invited to determine the
More informationBefore: LORD JUSTICE LLOYD LORD JUSTICE LEWISON and LADY JUSTICE GLOSTER Between: - and -
Neutral Citation Number: [2013] EWCA Civ 669 Case No: B5/2012/2579 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE WANDSWORTH COUNTY COURT HIS HONOUR JUDGE WINSTANLEY Royal Courts of Justice
More informationIAN CHARLES SCHULER First Appellant. Harrison, White and Venning JJ. D G Hayes for Appellants C W Grenfell and B J Norling for Respondent
IN THE COURT OF APPEAL OF NEW ZEALAND CA27/2013 [2014] NZCA 91 BETWEEN IAN CHARLES SCHULER First Appellant INDEPENDENT LIVESTOCK 2010 LIMITED (IN LIQUIDATION) Second Appellant AND DAMIEN GRANT AND STEVEN
More informationCase C-192/16 Stephen Fisher, Anne Fisher, Peter Fisher v Commissioners for Her Majesty s Revenue and Customs
EU C Court of Justice, 12 October 2017 Case C-192/16 Stephen Fisher, Anne Fisher, Peter Fisher v Commissioners for Her Majesty s Revenue and Customs Second Chamber: M. Ilesic (Rapporteur), President of
More informationBeneficiaries' rights to trust information in the light of Schmidt v Rosewood Trust Limited
JERSEY GUERNSEY LONDON BVI SINGAPORE JERSEY BRIEFING February 2004 Beneficiaries' rights to trust information in the light of Schmidt v Rosewood Trust Limited The decision of the Privy Council in Schmidt
More informationBefore : MR JUSTICE FANCOURT Between :
Neutral Citation Number: [2018] EWHC 48 (Ch) Case No: CH-2017-000105 IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERY COURTS OF ENGLAND AND WALES CHANCERY APPEALS (ChD) ON APPEAL FROM THE COUNTY COURT
More informationGUIDE TO ENFORCEMENT OF FOREIGN JUDGMENTS IN THE CAYMAN ISLANDS
GUIDE TO ENFORCEMENT OF FOREIGN JUDGMENTS IN THE CAYMAN ISLANDS CONTENTS PREFACE 1 1. Introduction 2 2. Statutory remedies 2 3. Common Law 2 4. Challenges/Defences 4 5. Procedure 4 6. Execution remedies
More informationBRICOM HOLDINGS LIMITED. - v - THE COMMISSIONERS OF INLAND REVENUE
IN THE COURT OF APPEAL BRICOM HOLDINGS LIMITED - v - THE COMMISSIONERS OF INLAND REVENUE LORD JUSTICE MILLETT: This is an appeal by Bricom Holdings Limited ("the taxpayer") from a decision of the Special
More informationCASE NO: 554/90 AND A B BRICKWORKS (PTY) LTD VAN COLLER, AJA :
CASE NO: 554/90 JACOBUS ALENSON APPELLANT AND A B BRICKWORKS (PTY) LTD RESPONDENT VAN COLLER, AJA : CASE NO: 554/90 IN THE SUPREME COURT OF SOUTH AFRICA (APPELLATE DIVISION) In the matter between: JACOBUS
More informationSupreme Court hands down judgment in Durkin v DSG Retail Limited and another
Alerter Finance and Consumer Credit 28 th March 2014 Supreme Court hands down judgment in Durkin v DSG Retail Limited and another On 26 March 2014 the Supreme Court handed down its decision in Durkin v
More informationIN THE MATTER OF. A complaint made under section 34(1)(a) of the Professional Accountants Ordinance (Cap.50) BETWEEN
Proceedings No: D040592C IN THE MATTER OF A complaint made under section 34(1) of the Professional Accountants Ordinance (Cap.50) BETWEEN REGISTRAR OF THE HONG KONG INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS
More informationIN THE COURT OF APPEAL AND NAM TAI ELECTRONICS INC AND. Before: The Honourable Mr. Satrohan Singh
BRITISH VIRGIN ISLANDS IN THE COURT OF APPEAL CIVIL APPEAL NO. 7 OF 1998 BETWEEN TELE-ART INC APPELLANT AND NAM TAI ELECTRONICS INC RESPONDENT AND BANK OF CHINA APPELLANT Before: The Honourable Mr. Satrohan
More informationIN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND CHANCERY DIVISION (BANKRUPTCY) RE: RICHARD ANDREW McVEIGH (BANKRUPT)
Neutral Citation No. [2010] NICh 8 Ref: HAR7853 Judgment: approved by the Court for handing down Delivered: 20/5/2010 (subject to editorial corrections)* IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
More informationJUDGMENT. Maharaj and another (Appellants) v Motor One Insurance Company Limited (Respondent) (Trinidad and Tobago)
Easter Term [2018] UKPC 8 Privy Council Appeal No 0101 of 2016 JUDGMENT Maharaj and another (Appellants) v Motor One Insurance Company Limited (Respondent) (Trinidad and Tobago) From the Court of Appeal
More informationJUDGMENT. Nelson and others (Appellants) v First Caribbean International Bank (Barbados) Limited (Respondent)
[2014] UKPC 30 Privy Council Appeal No 0043 of 2013 JUDGMENT Nelson and others (Appellants) v First Caribbean International Bank (Barbados) Limited (Respondent) From the Court of Appeal of St Lucia before
More informationIN THE COURT OF APPEAL KENNETH HARRIS. and SARAH GERALD
MONTSERRAT CIVIL APPEAL NO.3 OF 2003 BETWEEN: IN THE COURT OF APPEAL KENNETH HARRIS and SARAH GERALD Before: The Hon. Mr. Brian Alleyne, SC The Hon. Mr. Michael Gordon, QC The Hon Madam Suzie d Auvergne
More informationRawofi (age assessment standard of proof) [2012] UKUT 00197(IAC) THE IMMIGRATION ACTS. Before UPPER TRIBUNAL JUDGE WARR. Between SAIFULLAH RAWOFI.
Upper Tribunal (Immigration and Asylum Chamber) Rawofi (age assessment standard of proof) [2012] UKUT 00197(IAC) THE IMMIGRATION ACTS Before LORD JUSTICE McFARLANE UPPER TRIBUNAL JUDGE WARR Between Given
More informationIN THE COURT OF APPEAL. ARCELORMITTAL POINT LISAS LIMITED (formerly CARIBBEAN ISPAT LIMITED) Appellant AND
TRINIDAD AND TOBAGO IN THE COURT OF APPEAL Civil Appeal No: 211 of 2009 BETWEEN ARCELORMITTAL POINT LISAS LIMITED (formerly CARIBBEAN ISPAT LIMITED) Appellant AND STEEL WORKERS UNION OF TRINIDAD AND TOBAGO
More informationAli (s.120 PBS) [2012] UKUT 00368(IAC) THE IMMIGRATION ACTS. Before UPPER TRIBUNAL JUDGE ALLEN UPPER TRIBUNAL JUDGE CHALKLEY. Between MANSOOR ALI.
IAC-FH-GJ-V6 Upper Tribunal (Immigration and Asylum Chamber) Ali (s.120 PBS) [2012] UKUT 00368(IAC) THE IMMIGRATION ACTS Heard at Field House On 20 August 2012 Determination Promulgated Before UPPER TRIBUNAL
More informationPersonal Glossary of Terms
Annual Report Insolvency practitioners are obliged to produce regular reports detailing their actions, including an account of what money they have received from insolvent companies and individuals and
More informationSOME HIGHLIGHTS OF DELAWARE TRUST LITIGATION IN 2017 AND DELAWARE TRUST LEGISLATION IN Presented at the Delaware 2017 Trust Conference
SOME HIGHLIGHTS OF DELAWARE TRUST LITIGATION IN 2017 AND DELAWARE TRUST LEGISLATION IN 2017 Presented at the Delaware 2017 Trust Conference October 24 and 25, 2017 By Norris P. Wright, Esquire 1925 1925
More informationLim Kitt Ping Lynnette v People s Insurance Co Ltd and another
914 SINGAPORE LAW REPORTS (REISSUE) [1997] 1 SLR(R) Lim Kitt Ping Lynnette v People s Insurance Co Ltd and another [1997] SGHC 122 High Court Suit No 2235 of 1992 Kan Ting Chiu J 11, 12 February; 12 May
More informationIN THE EMPLOYMENT COURT CHRISTCHURCH [2017] NZEmpC 58 EMPC 178/2016. AFFCO NEW ZEALAND LIMITED Plaintiff
IN THE EMPLOYMENT COURT CHRISTCHURCH IN THE MATTER OF BETWEEN AND [2017] NZEmpC 58 EMPC 178/2016 proceedings removed from the Employment Relations Authority AFFCO NEW ZEALAND LIMITED Plaintiff NEW ZEALAND
More informationThe sins of the father Yearwood v Yearwood
The sins of the father Yearwood v Yearwood June 2011 It is becoming increasingly common for parties to matrimonial litigation to seek cross border recognition and/or enforcement of financial orders. An
More informationHEARING DISCIPLINARY COMMITTEE OF THE ASSOCIATION OF CHARTERED CERTIFIED ACCOUNTANTS
DISCIPLINARY COMMITTEE OF THE ASSOCIATION OF CHARTERED CERTIFIED ACCOUNTANTS REASONS FOR DECISION In the matter of: Mr Jawad Raza Heard on: Thursday 7 and Friday 8 June 2018 Location: ACCA Head Offices,
More informationWhat Duties Does A Creditor Owe To His Fellow Creditors?
Lunchtime Seminar Series What Duties Does A Creditor Owe To His Fellow Creditors? By Business Finance & Insolvency Lee Eng Beng SC Partner, Rajah & Tann LLP 15 & 16 May 2008 1 Introduction 1 Introduction
More informationOmbudsman s Determination
Ombudsman s Determination Applicant Scheme Respondents Mr M The Fire Brigades Union Retirement and Death Benefits Scheme (the FBU Scheme) The Fire Brigades Union (FBU) Outcome 1. Mr M s complaint is upheld
More informationBefore : MR JUSTICE MORGAN Between : - and - THE ROYAL LONDON MUTUAL INSURANCE SOCIETY LIMITED
Neutral Citation Number: [2016] EWHC 319 (Ch) IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION Case No: CH/2015/0377 Royal Courts of Justice Rolls Building, Fetter Lane, London, EC4A1NLL Before : MR JUSTICE
More informationLMA Briefing Note on Applicable Law and Jurisdiction Post-Brexit
LMA Briefing Note on Applicable Law and Jurisdiction Post-Brexit Introduction 1. As a Member State of the European Union (EU), the UK is subject to the Rome I Regulation 1 concerning the law applicable
More informationFINANCIAL SERVICES (BANKING REFORM) BILL
FINANCIAL SERVICES (BANKING REFORM) BILL EXPLANATORY NOTES INTRODUCTION 1. These Explanatory Notes relate to the Financial Services (Banking Reform) Bill as introduced in the House of Commons on 4 February
More informationTHE HUMAN RIGHTS REVIEW TRIBUNAL & ORS Respondents
NOTE: ORDER OF THE HUMAN RIGHTS REVIEW TRIBUNAL AND OF THE HIGH COURT PROHIBITING PUBLICATION OF NAMES, ADDRESSES OR IDENTIFYING PARTICULARS OF THE SECOND, THIRD AND FOURTH RESPONDENTS AND THE SECOND RESPONDENT'S
More informationNIGERIA. Dorothy Ufot. Dorothy Ufot & Co
NIGERIA Dorothy Ufot Dorothy Ufot & Co PUBLIC POLICY AS A GROUND FOR SETTING ASIDE OR FOR THE REFUSAL OF ENFORCEMENT OR RECOGNITION OF AWARDS UNDER THE NEW YORK CONVENTION. By Dorothy Ufot, SAN, FCIArb.(UK)
More informationCASE NO: 154/2010 DATE HEARD: 19/10/10 DATE DELIVERED: 22/10/10 NOT REPORTABLE WALTER SISULU UNIVERSITY
IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE MTHATHA) CASE NO: 154/2010 DATE HEARD: 19/10/10 DATE DELIVERED: 22/10/10 NOT REPORTABLE In the matter between: ZUKO TILAYI APPLICANT and WALTER SISULU UNIVERSITY
More information(1) AIR ZIMBABWE (PRIVATE) LIMITED (2) AIR ZIMBABWE HOLDINGS (PRIVATE) LIMITED v (1) STEPHEN NHUTA (2) DEPUTY SHERIFF HARARE (3) SHERIFF OF ZIMBABWE
1 REPORTABLE (50) (1) AIR ZIMBABWE (PRIVATE) LIMITED (2) AIR ZIMBABWE HOLDINGS (PRIVATE) LIMITED v (1) STEPHEN NHUTA (2) DEPUTY SHERIFF HARARE (3) SHERIFF OF ZIMBABWE THE SUPREME COURT OF ZIMBABWE ZIYAMBI
More informationBEFORE THE SOCIAL SECURITY APPEAL AUTHORITY
[2018] NZSSAA 007 Reference No. SSA 001/17 SSA 002/17 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX and XXXX of Invercargill against a decision of a Benefits Review
More information*TMF Trustees Singapore Ltd v Revenue and Customs Commissioners
Page 1 Judgments *TMF Trustees Singapore Ltd v Revenue and Customs Commissioners [2012] EWCA Civ 192 CA, CIVIL DIVISION Lord Justice Lloyd, Lord Justice Rimer and Lord Justice Jackson 2 March 2012 Pension
More informationCOURT OF APPEAL FOR ONTARIO
BETWEEN COURT OF APPEAL FOR ONTARIO CITATION: Hampton Securities Limited v. Dean, 2018 ONCA 901 DATE: 20181109 DOCKET: C64908 Lauwers, Hourigan and Pardu JJ.A. Hampton Securities Limited and Christina
More informationConsultation paper Introduction of a mechanism for eliminating double imposition of VAT in individual cases
EUROPEAN COMMISSION DIRECTORATE-GENERAL TAXATION AND CUSTOMS UNION INDIRECT TAXATION AND TAX ADMINISTRATION VAT and other turnover taxes TAXUD/D1/. 5 January 2007 Consultation paper Introduction of a mechanism
More informationIN THE HIGH COURT OF JUSTICE. and. Appearances For the Claimant: Ms. A. Cadie-Bruney For the Defendant: Mr. K. Monplaisir QC and Ms. M.
SAINT LUCIA IN THE HIGH COURT OF JUSTICE SUIT NO.: 595 of 2001 BETWEEN NATIONAL INSURANCE CORPORATION Claimant and ROCHAMEL CONSTRUCTION LIMITED GARVIN FRENCH GARRY LILYWHITE Defendants Appearances For
More information- and - [HIGHGATE REHABILITATION LIMITED] (By Guarantee) Respondent AWARD. 1. This Arbitration concerns [Highgate Rehabilitation] ( [Highgate
IN THE MATTER OF THE ARBITRATION ACT 1996 AND IN THE MATTER OF AN ARBITRATION BETWEEN:- [CHEVIOT HILLS LIMITED] Claimant - and - [HIGHGATE REHABILITATION LIMITED] (By Guarantee) Respondent AWARD 1. This
More informationTHE IMMIGRATION ACTS. Before DEPUTY UPPER TRIBUNAL JUDGE M A HALL. Between
IAC-AH-SC-V1 Upper Tribunal (Immigration and Asylum Chamber) Appeal Numbers: IA/29100/2014 THE IMMIGRATION ACTS Heard at Field House Decision & Reasons Promulgated On 2 nd October 2015 On 12 th October
More informationIN THE COURT OF APPEAL OF NEW ZEALAND CA112/06 [2007] NZCA 479. Appellant. Hammond, Chambers and Arnold JJ. Judgment: 1 November 2007 at 11.
IN THE COURT OF APPEAL OF NEW ZEALAND CA112/06 [2007] NZCA 479 BETWEEN AND ROCHIS LIMITED Appellant ZACHERY ANDREW CHAMBERS, JULIAN DAVID CHAMBERS, JOCELYN ZELPHA CHAMBERS AND KIMBERLY FAITH CHAMBERS Respondents
More informationWHEN A FALSE STATEMENT VITIATES A CLAIM:
The Law Bulletin Volume 11, April 20 19 WHEN A FALSE STATEMENT VITIATES A CLAIM: Pinder v. Farmers Mutual Insurance Company Part I Introduction Although the reciprocal duty of good faith is the legal principle
More informationTHE IMMIGRATION ACTS. Promulgated On 25 July 2014 On 11 August 2014 Oral determination given following hearing. Before UPPER TRIBUNAL JUDGE CRAIG
Upper Tribunal (Immigration and Asylum Chamber) Appeal Number: IA/30481/2013 THE IMMIGRATION ACTS Heard at Field House Determination Promulgated On 25 July 2014 On 11 August 2014 Oral determination given
More informationOpposing Applications to Wind Up a Company in Insolvency
Opposing Applications to Wind Up a Company in Insolvency by Sam Chizik, Member of the Victorian Bar 1. This paper is about how a company, which has failed to set aside a statutory demand, can oppose an
More informationtechnical factsheet 84
technical factsheet 84 The Use of Disclaimers in Audit Reports CONTENTS Paras Introduction 1-2 Background 3-10 A summary of the Bannerman case 11-14 Developments post-bannerman 15-16 ACCA's view 17-24
More informationReports of Cases. JUDGMENT OF THE COURT (Third Chamber) 18 July 2013 *
Reports of Cases JUDGMENT OF THE COURT (Third Chamber) 18 July 2013 * (Transfer of undertakings Directive 2001/23/EC Safeguarding of employees rights Collective agreement applicable to the transferor and
More informationTHE IMMIGRATION ACTS. On 28 November 2006 On 27 February Before
SS (s104(4)(b) of 2002 Act = application not limited) Nigeria [2007] UKAIT 00026 Asylum and Immigration Tribunal THE IMMIGRATION ACTS Heard at Field House Determination Promulgated On 28 November 2006
More informationTHE YEAR THAT WAS. Important High Court Insurance Cases In 2010
AUSTRALIAN INSURANCE LAW ASSOCIATION (WESTERN AUSTRALIAN BRANCH) Cases presented at Annual General Meeting on 15 December 2010 THE YEAR THAT WAS Important High Court Insurance Cases In 2010 High Court
More informationRent in advance not a deposit: Court of Appeal latest
Rent in advance not a deposit: Court of Appeal latest The Court of Appeal in their latest judgement has confirmed that rent paid in advance is not a deposit. This was the case of Johnson vs Old which was
More informationTHE UK TAX GROUP LITIGATION ORDERS THE CURRENT STATUS Liesl Fichardt 1 Philippe Freund 2
The EC Tax Journal THE UK TAX GROUP LITIGATION ORDERS THE CURRENT STATUS Liesl Fichardt 1 Philippe Freund 2 Introduction The past few months have witnessed far reaching developments in the UK tax group
More information1. The present request for a preliminary ruling concerns the interpretation of Articles 49 TFEU and 54 TFEU.
EUJ EU Court of Justice, 21 December 2016 * Case C-593/14 Masco Denmark ApS, Damixa ApS v Skatteministeriet Fourth Chamber: T. von Danwitz, President of the Chamber, E. Juhász, C. Vajda (Rapporteur), K.
More informationImpact of the Element Six Judgement.
Impact of the Element Six Judgement The Element Six Case Title 1 (Greene & Ors v Coady & Ors 2012/7254P) Alan Broxson 20 February 2014 Introduction Brief history Proceedings issued July 2012 128 plaintiffs,
More informationTHE IMMIGRATION ACTS. Promulgated On 22 December 2014 On 8 January Before DEPUTY UPPER TRIBUNAL JUDGE HANBURY. Between
Upper Tribunal (Immigration and Asylum Chamber) Appeal Number: AA/03806/2014 THE IMMIGRATION ACTS Heard at Field House Determination Promulgated On 22 December 2014 On 8 January 2015 Before DEPUTY UPPER
More informationIN THE EMPLOYMENT COURT AUCKLAND [2016] NZEmpC 68 EMPC 248/2015. MATTHEW PHILLIPS Defendant
IN THE EMPLOYMENT COURT AUCKLAND IN THE MATTER OF BETWEEN AND [2016] NZEmpC 68 EMPC 248/2015 a challenge to a determination of the Employment Relations Authority MODERN TRANSPORT ENGINEERS (2002) LIMITED
More informationASYLUM AND IMMIGRATION TRIBUNAL
ASYLUM AND IMMIGRATION TRIBUNAL ML (student; satisfactory progress ; Zhou explained) Mauritius [2007] UKAIT 00061 THE IMMIGRATION ACTS Heard at: Field House 2007 Date of Hearing: 19 June Before: Senior
More informationCayman Islands Off-Balance Sheet Financing
Cayman Islands Off-Balance Sheet Financing Introduction This memorandum examines the use of Cayman Islands off-balance sheet financing structures. There are several types of transactions that would call
More information110th Session Judgment No. 2993
Organisation internationale du Travail Tribunal administratif International Labour Organization Administrative Tribunal 110th Session Judgment No. 2993 THE ADMINISTRATIVE TRIBUNAL, Considering the complaints
More informationOffshore Security Enforcement
Offshore Security Enforcement Contents Introduction... 01 Guernsey... 02 Jersey... 03 Isle of Man... 04 British Virgin Islands... 05 Cayman Islands... 06 Mauritius...07 Gibraltar... 08 Luxembourg... 09
More informationIN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CIV [2015] NZHC KIWIBANK LIMITED Defendant
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CIV-2015-404-694 [2015] NZHC 1417 BETWEEN AND E-TRANS INTERNATIONAL FINANCE LIMITED Plaintiff KIWIBANK LIMITED Defendant Hearing: 23 April 2015 Appearances:
More informationGUIDANCE NOTE. Know Your Debtor Types of Debtor Under English Law. August 2014
GUIDANCE NOTE Know Your Debtor Types of Debtor Under English Law August 2014 Background This Guidance Note is aimed at overseas lawyers and their clients. Its purpose is to set out the types of debtor
More informationIN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY CIV [2017] NZHC 367. IN THE MATTER the Insolvency Act 2006
IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY CIV-2016-425-000117 [2017] NZHC 367 IN THE MATTER the Insolvency Act 2006 AND IN THE MATTER BETWEEN AND of the bankruptcy of ABRAHAM NICOLAAS VAN
More informationInformation on the Copenhagen Climate Change Summit and relations between Scotland and the United Kingdom and China
Mr Information on the Copenhagen Climate Change Summit and relations between Scotland and the United Kingdom and China Reference Nos: 201000638 and 201001292 Decision Date: 23 March 2011 Kevin Dunion Scottish
More informationSUPREME COURT OF QUEENSLAND
SUPREME COURT OF QUEENSLAND CITATION: Qld Pork P/L v Lott [2003] QCA 271 PARTIES: QLD PORK PTY LTD ABN 62 257 371 610 (plaintiff/respondent) v COLLEEN THERESE LOTT (defendant/appellant) FILE NO/S: Appeal
More informationASYLUM AND IMMIGRATION TRIBUNAL
RG (EEA Regulations extended family members) Sri Lanka [2007] UKAIT 00034 ASYLUM AND IMMIGRATION TRIBUNAL THE IMMIGRATION ACTS Heard at: Field House Date of Hearing: 28 November 2006 Date of Promulgation:
More informationIN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND CHANCERY DIVISION (BANKRUPTCY)
Neutral Citation: [2017] NICh 5 Ref: HOR10193 Judgment: approved by the Court for handing down Delivered: 07/02/2017 (subject to editorial corrections)* 2002 No: 032846 IN THE HIGH COURT OF JUSTICE IN
More informationINTERNATIONAL INSOLVENCY INSTITUTE
INTERNATIONAL INSOLVENCY INSTITUTE Insolvency Jurisdiction in Malaysia and Singapore: Statutory Assistance Paul J. Omar From The Paul J. Omar Collection in The International Insolvency Institute Academic
More informationSUBMISSION FROM TODS MURRAY LLP. Bankruptcy and Diligence etc. (Scotland) Bill
SUBMISSION FROM TODS MURRAY LLP Bankruptcy and Diligence etc. (Scotland) Bill Comments on Part 2 (Floating Charges) to Scottish Parliament Enterprise and Culture Committee by Banking Department of Tods
More informationUpper Tribunal (Immigration and Asylum Chamber) IA/35017/2015 THE IMMIGRATION ACTS. On 10 January 2018 On 11 January Before
Upper Tribunal (Immigration and Asylum Chamber) IA/35017/2015 Appeal Number: THE IMMIGRATION ACTS Heard at Field House Decision Promulgated On 10 January 2018 On 11 January 2018 Before UPPER TRIBUNAL JUDGE
More informationJUDGMENT. Meadows and others (Appellants) v The Attorney General and another (Respondents) (Jamaica)
Michaelmas Term [2017] UKPC 29 Privy Council Appeal No 0036 of 2016 JUDGMENT Meadows and others (Appellants) v The Attorney General and another (Respondents) (Jamaica) From the Court of Appeal of Jamaica
More informationCompanies Act Directors duties
Companies Act 2006 - Directors duties Contents Introduction 1 The new statement of directors' duties in brief 2 Duty to act within powers 3 Duty to promote the success of the company 3 Duty to exercise
More informationTariq. The effect of S. 12 (1) of the Motor Vehicles Insurance (Third Party Risks) Act Ch. 48:51 The Act is agreed. That term is void as against third
REPUBLIC OF TRINIDAD AND TOBAGO HCA No. CV 2011-00701 IN THE HIGH COURT OF JUSTICE BETWEEN GULF INSURANCE LIMITED AND Claimant NASEEM ALI AND TARIQ ALI Defendants Before The Hon. Madam Justice C. Gobin
More informationMH (pending family proceedings-discretionary leave) Morocco [2010] UKUT 439 (IAC) THE IMMIGRATION ACTS. Before SENIOR IMMIGRATION JUDGE JARVIS
Upper Tribunal (Immigration and Asylum Chamber) MH (pending family proceedings-discretionary leave) Morocco [2010] UKUT 439 (IAC) THE IMMIGRATION ACTS Heard at Field House On 20 September 2010 Determination
More informationINSOLVENCY PRACTITIONERS ASSOCIATION. CERTIFICATE OF PROFICIENCY IN PERSONAL INSOLVENCY English Version Examination 15 June 2012
INSOLVENCY PRACTITIONERS ASSOCIATION CERTIFICATE OF PROFICIENCY IN PERSONAL INSOLVENCY English Version Examination 15 June 2012 PERSONAL INSOLVENCY (3 HOURS) Part A: Part B: Part C: All questions to be
More informationDECISION OF THE BOARD OF APPEAL OF THE EUROPEAN CHEMICALS AGENCY. 7 March 2018
A-014-2016 1(11) DECISION OF THE BOARD OF APPEAL OF THE EUROPEAN CHEMICALS AGENCY 7 March 2018 (Biocidal products Data sharing dispute Every effort Permission to refer Chemical similarity Contractual freedom)
More informationAn Analysis of the Concepts of 'Present Entitlement'
Revenue Law Journal Volume 13 Issue 1 Article 9 January 2003 An Analysis of the Concepts of 'Present Entitlement' Anna Everett Bond University Follow this and additional works at: http://epublications.bond.edu.au/rlj
More informationIAN FLETCHER INTERNATIONAL INSOLVENCY LAW MOOT
IAN FLETCHER INTERNATIONAL INSOLVENCY LAW MOOT Nuzilia International Commercial Court In the Matter of Super Rides Ltd 2019 File reference: NICCAC No 12 of 2019 Appeal from: Insolvency Representatives
More informationThe Scope Of A Director s Right To Inspect Company Accounts
The Scope Of A Director s Right To Inspect Company Accounts Introduction A director of a company has the right, under section 199 of the Singapore Companies Act and common law, to inspect the company s
More informationPresent: Carrico, C.J., Lacy, Hassell, Keenan, Koontz, and Kinser, JJ., and Compton, Senior Justice
Present: Carrico, C.J., Lacy, Hassell, Keenan, Koontz, and Kinser, JJ., and Compton, Senior Justice JOHN A. BERCZEK OPINION BY v. Record No. 991117 SENIOR JUSTICE A. CHRISTIAN COMPTON April 21, 2000 ERIE
More informationFIRST-TIER TRIBUNAL ASYLUM SUPPORT
FIRST-TIER TRIBUNAL ASYLUM SUPPORT Address: 2 nd Floor Anchorage House 2 Clove Crescent London E14 2BE Telephone: 020 7538 6171 Fax: 0126 434 7902 Appeal Number AS/14/11/32141 UKVI Ref. Appellant s Ref.
More informationIN THE MATTER OF THE INTERNATIONAL BUSINESS COMPANIES ACT N0.18 OF 1996
THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE SAINT VINCENT AND THE GRENADINES HIGH COURT CLAIM NO. 148 OF 2002 IN THE MATTER OF MARINER INTERNATIONAL BANK LIMITED and IN THE MATTER
More informationIN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE HIGH COURT, CAPE TOWN)
IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE HIGH COURT, CAPE TOWN) REPORTABLE CASE NO: 21734/2009 In the ex parte application of: SALVATORE LAMONICA Applicant IN RE: EASTWIND DEVELOPMENT SA BALTIC
More informationIN THE EMPLOYMENT COURT CHRISTCHURCH [2010] NZEMPC 144 CRC 25/10. DEREK WAYNE GILBERT Applicant
IN THE EMPLOYMENT COURT CHRISTCHURCH [2010] NZEMPC 144 CRC 25/10 IN THE MATTER OF BETWEEN AND application for leave to file challenge out of time DEREK WAYNE GILBERT Applicant TRANSFIELD SERVICES (NEW
More informationJUDGMENT. Central Broadcasting Services Ltd and another (Appellants) v The Attorney General of Trinidad and Tobago (Respondent) (Trinidad and Tobago)
Hilary Term [2018] UKPC 6 Privy Council Appeal No 0100 of 2014 JUDGMENT Central Broadcasting Services Ltd and another (Appellants) v The Attorney General of Trinidad and Tobago (Respondent) (Trinidad and
More informationTHE IMMIGRATION ACTS. Before THE HONOURABLE MRS JUSTICE PATTERSON DEPUTY UPPER TRIBUNAL JUDGE J G MACDONALD. Between. and
Upper Tribunal (Immigration and Asylum Chamber) THE IMMIGRATION ACTS Heard at Field House Determination Promulgated On 4 th February 2015 On 17 th February 2015 Before THE HONOURABLE MRS JUSTICE PATTERSON
More informationSUMMARY OF THE LEUVEN BRAINSTORMING EVENT ON COLLECTIVE REDRESS 29 JUNE 2007
SUMMARY OF THE LEUVEN BRAINSTORMING EVENT ON COLLECTIVE REDRESS 29 JUNE 2007 COLLECTING THOUGHTS AND EXPERIENCES ON COLLECTIVE REDRESS The event was opened by Commissioner Meglena Kuneva who gave a key-note
More informationASYLUM AND IMMIGRATION TRIBUNAL
RS and SS (Exclusion of appellant from hearing) Pakistan [2008] UKAIT 00012 ASYLUM AND IMMIGRATION TRIBUNAL THE IMMIGRATION ACTS Heard at: Field House Date of Hearing: 18 December 2007 Before: Mr C M G
More informationFRANCHISING DISPUTES IN INDIA CHOICES DICTATE THE CONSEQUENCES
CHOICES DICTATE THE CONSEQUENCES Divya Sharma, Bird & Bird LLP, London, UK This article analyses the factors franchisors should take into account when choosing an appropriate dispute resolution mechanism
More informationEC Court of Justice, 22 March Case C-383/05 Raffaele Talotta v État belge. Legal context
EC Court of Justice, 22 March 2007 1 Case C-383/05 Raffaele Talotta v État belge First Chamber: Advocate General: P. Jann, President of the Chamber, R. Schintgen, A. Borg Barthet, M. Ilei (Rapporteur)
More informationAlfredo Martínez Domínguez, Joaquín Benítez Urbano, Agapito Mateos Cruz and Carmen Calvo Fernández v Bundesanstalt für Arbeit, Kindergeldkasse
Opinion of Advocate General Tizzano delivered on 7February2002 Alfredo Martínez Domínguez, Joaquín Benítez Urbano, Agapito Mateos Cruz and Carmen Calvo Fernández v Bundesanstalt für Arbeit, Kindergeldkasse
More informationChina Cargo Delivery Without Production of Original Bill of Lading
To the Members No.797-16/1/26 Dear Sirs, China Cargo Delivery Without Production of Original Bill of Lading Please let us refer you to our circular No.10-016 dated 12 October 2010, INTERNATIONAL GROUP
More information