ArticleThe 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 KingdomTaxAshurst
ArticleGFKL: Purchase Of Defaulted Receivables Is Not A VAT SupplyThe 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 KingdomTaxAshurst
ArticleHigh-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 KingdomTaxAshurst
ArticleTax 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 KingdomTaxAshurst
ArticleUp 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 LawAshurst
ArticleBrexit: 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 BankingAshurst
ArticleHigh Court Upholds Claim To Privilege In Respect Of Underlying Instructions To Law Firm Relating To Escrow MoniesThe 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 & ArbitrationHerbert Smith Freehills Kramer LLP
ArticleBAA: 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 KingdomTaxAshurst
ArticleFCE Bank: Treaty Non-Discrimination ArticlesThe 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 KingdomTaxAshurst
ArticleBrexit: 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 BankingAshurst
ArticleExplainaway: 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 KingdomTaxAshurst
ArticleFirm In Transition - AshurstMajor 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 ManagementIberian Lawyer
ArticleDirector Had A Duty Not To Withhold Information From CompanyThe 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 LawAshurst
ArticleTaxation 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 KingdomTaxAshurst
ArticleDirector´s Retirement Benefit Held To Be ValidIn 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 LawAshurst
ArticleFreedom of Information - Department of Constitutional Affairs Speaks on the Issue of CopyrightThis 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 PropertyAshurst
ArticleKirch Group And World Cup Broadcast RightsUnited KingdomMedia, Telecoms, IT, EntertainmentAshurst
ArticleBanks 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 BankingForensic Risk Alliance
ArticleNew Global Note StructureIssuers 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 BankingAshurst
ArticleMarks & Spencer: Cross-Border Loss ReliefThe 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 KingdomTaxAshurst