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  • Article

    The GAAR Study (Tax Newsletter, Summer 2011)

    Graham Aaronson QC is currently leading a study into the desirability and feasibility of a general anti-avoidance rule (GAAR).
    United KingdomTax
    Ashurst
    Ashurst
  • Article

    GFKL: Purchase Of Defaulted Receivables Is Not A VAT Supply

    The ECJ has confirmed that in purchasing a portfolio of defaulted receivables, at its own risk, for a price below their face value the transferee, GFKL, was not making a supply of services for consideration.
    United KingdomTax
    Ashurst
    Ashurst
  • Article

    High-Risk Areas Of The Tax Code (Tax Newsletter, Summer 2011)

    HMRC has published two early-stage consultations relating to areas it has identified as high risk. The taxation of unauthorised unit trusts (UUTs) is covered in the first, but the document is mainly focused on obtaining information on the current use of UUTs at this stage.
    United KingdomTax
    Ashurst
    Ashurst
  • Article

    Tax Treaties Anti-Avoidance (Tax Newsletter, Summer 2011)

    HMRC has published draft legislation for consultation aimed at ensuring that persons (whether companies or individuals) cannot benefit from double taxation agreements (DTA) entered into by the UK where the claim to benefit is part of a scheme, one of the main purposes of which is to reduce liability to UK taxation.
    United KingdomTax
    Ashurst
    Ashurst
  • Article

    Up In The Air: European Commission Blocks Airline Merger (Competition Newsletter, February 2011)

    On 26 January 2011, the European Commission blocked the proposed merger between Greek air carriers Aegean Airlines and Olympic Air, ruling that the merger would have led to a "quasi-monopoly" on the domestic air transport market.
    European UnionAntitrust/Competition Law
    Ashurst
    Ashurst
  • Article

    Brexit: Implications For The Built Environment (July 2016)

    As a leading firm in the built environment industry, we have seen the industry evolve through previous economic and political shockwaves, most notably the effect of the global financial crisis in 2008.
    United KingdomFinance and Banking
    Ashurst
    Ashurst
  • Article

    High Court Upholds Claim To Privilege In Respect Of Underlying Instructions To Law Firm Relating To Escrow Monies

    The High Court has rejected an application for disclosure of documents containing the underlying instructions to a law firm acting for a party funding a transaction.
    United KingdomLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    BAA: VAT Recovery (Tax Newsletter, Summer 2011)

    The decision of the Upper Tribunal (Tax and Chancery Chamber) to overturn the Tribunal below in the case of BAA Limited, to disallow VAT recovery for certain takeover fees, will have come as an unpleasant surprise to those incurring substantial costs on corporate acquisitions.
    United KingdomTax
    Ashurst
    Ashurst
  • Article

    FCE Bank: Treaty Non-Discrimination Articles

    The Upper Tribunal has held that the nondiscrimination article in the UK/US double tax treaty overrode the UK domestic provisions in question (the pre-2000 group relief rules) as these were capable of operating in a cross-border context without the restrictions on the nationality of the parent company which these provisions then contained.
    United KingdomTax
    Ashurst
    Ashurst
  • Article

    Brexit: The Impact On Corporate Lending Relationships (July 2016)

    The United Kingdom public have voted to leave the European Union. The next two years will see a period of negotiated withdrawal - with the UK Government deciding which parts of EU law to adopt into domestic legislation.
    United KingdomFinance and Banking
    Ashurst
    Ashurst
  • Article

    Explainaway: Statutory Interpretation (Tax Newsletter, Summer 2011)

    The First Tier Tribunal here looked at a capital gains mitigation scheme involving matching futures and, by construing the legislation purposively and looking at the transactions as a whole, determined that a loss suffered as a result of the reduction in value of shares was not allowable.
    United KingdomTax
    Ashurst
    Ashurst
  • Article

    Firm In Transition - Ashurst

    Major changes are taking place at Ashurst at a global level as the firm reviews its management and equity structures – meanwhile, the firm's Spanish office is also taking steps to alter its working practices to maximise cross-selling opportunities.
    SpainLaw Practice Management
    Iberian Lawyer
    Iberian Lawyer
  • Article

    Director Had A Duty Not To Withhold Information From Company

    The former director of a trustee company was under a duty to provide the company with a copy of information he had given to APRA regarding the company.
    AustraliaCorporate/Commercial Law
    Ashurst
    Ashurst
  • Article

    Taxation Of Non-Domiciled Individuals: Consultation (Tax Newsletter, Summer 2011)

    New rules are proposed to increase the amount of the remittance basis charge in certain circumstances and to allow tax-free remittances for the purposes of investing in qualifying businesses.
    United KingdomTax
    Ashurst
    Ashurst
  • Article

    Director´s Retirement Benefit Held To Be Valid

    In Dome Resources NL v Silver [2008] NSWCA 322, the New South Wales Court of Appeal considered this limitation in the context of a challenge to the validity of a retirement deed, which it held to be valid and effective.
    AustraliaCorporate/Commercial Law
    Ashurst
    Ashurst
  • Article

    Freedom of Information - Department of Constitutional Affairs Speaks on the Issue of Copyright

    This article provides an update on the issue of whether a public authority is permitted to make a copy of documents, otherwise protected by copyright, when responding to a request for information under the Freedom of Information Act 2000 ("FOIA"), whose right of access to information held by public authorities comes into force in January 2005.
    United KingdomIntellectual Property
    Ashurst
    Ashurst
  • Article

    Kirch Group And World Cup Broadcast Rights

    United KingdomMedia, Telecoms, IT, Entertainment
    Ashurst
    Ashurst
  • Article

    Banks To Blocks: Exploring TradFi/ DeFi Collaboration (Podcast)

    In this first episode of a two-part series,?Ashurst's?Simon Williams, Counsel for Ashurst digital assets and financial innovation team, is joined by?Thomas Hyun,?Director of Cryptocurrency Compliance at Forensic...
    United KingdomFinance and Banking
    Forensic Risk Alliance
    Forensic Risk Alliance
  • Article

    New Global Note Structure

    Issuers of short, medium and long term international debt securities have the option of utilising a new form of global note, known as the New Global Note or NGN.
    AustraliaFinance and Banking
    Ashurst
    Ashurst
  • Article

    Marks & Spencer: Cross-Border Loss Relief

    The Court of Appeal (Lloyd, Moses and Etherton LLJ) has issued a further decision in this case, dismissing the entirety of HMRC's appeal in relation to the validity of new non-UK loss relief claims made by Marks & Spencer, the timing of such claims and the quantification of the losses.
    United KingdomTax
    Ashurst
    Ashurst

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