Mistaken Payments and Mistakes of Law under the Limitation Act 1980 – Hardwicke Chambers

Posted February 25th, 2021 in corporation tax, limitations, mistake, news, subsidiary companies by sally

‘The FII Group Litigation (‘FII’) was established by an Order made on 8 October 2003 with the purpose of determining common or related questions of law arising out of the tax treatment of dividends received by UK resident companies from non-resident subsidiaries. The Test Claimants’ basic allegation was that their tax treatment (under domestic legislation long-since repealed), as compared to that of wholly-resident UK companies, breached TFEU provisions on freedom of establishment and free movement of capital. The Test Claimants therefore sought repayment of tax paid insofar as it was unlawful under EU law; in some cases, dating back to the UK’s accession in 1973.’

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Hardwicke Chambers, 24th February 2021

Source: hardwicke.co.uk

Okpabi & others v Royal Dutch Shell Plc and another – Blackstone Chambers

‘The Supreme Court has given judgment in a high-profile appeal which raises important issues regarding the proper approach to jurisdictional challenges and the potential liability of parent companies in respect of damage caused by their subsidiaries.’

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Blackstone Chambers, 12th February 2021

Source: www.blackstonechambers.com

Sole Representative Visa: Genuineness and Legal Certainty – Richmond Chambers

Posted June 2nd, 2020 in chambers articles, immigration, news, subsidiary companies, visas by sally

‘Paragraph 144 of the Immigration Rules was simple. It placed great trust in the parent company. From the amendments in response to the anxieties, we can see that re-orientation is from the parent company to the sole representative. The Home Office will consider the representative’s skills, knowledge, experience, the ownership and control held by the sole representative and their partner, and refuse if it considers the application is merely a way to facilitate the sole representative’s entry or stay.’

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Richmond Chambers, 28th May 2020

Source: immigrationbarrister.co.uk

Sole Representative Visa: Ownership and Control – Richmond Chambers

Posted May 29th, 2020 in immigration, news, regulations, subsidiary companies, visas by sally

‘Compared to other routes under the Rules the requirements for a representative of an overseas business were relatively simple. For at least the past year, the Home Office sought to remedy this through unlawfully reading in an additional requirement: ‘genuineness’. From 4 June 2020, the Rules will be amended to explicitly refer to this requirement, by inserting the word ‘genuinely’ before listing the requirements for entry clearance.’

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Richmond Chambers, 21st May 2020

Source: immigrationbarrister.co.uk

Sole Representative Visa Route to Change from 4 June 2020 – Richmond Chambers

Posted May 29th, 2020 in immigration, news, regulations, subsidiary companies, visas by sally

‘In the Statement of Changes in Immigration Rules presented to Parliament in May 2020, released last week, the Secretary of State has made clear that she will significantly tighten the sole representative of an overseas business visa category from 4 June 2020.’

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Richmond Chambers, 18th May 2020

Source: immigrationbarrister.co.uk

Disclosure can apply to subsidiaries under pilot, says court – OUT-LAW.com

Posted March 5th, 2020 in disclosure, news, pilot schemes, subsidiary companies by tracey

‘Disclosure of documents held by a subsidiary company of a party to litigation may be ordered in certain circumstances under the terms of the pilot disclosure scheme currently running in the Business and Property Courts (BPC) of England and Wales, a judge has ruled.’

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OUT-LAW.com, 5th March 2020

Source: www.pinsentmasons.com

Property Guardians, vanishing companies and still getting it wrong – Nearly Legal

‘You may or may not have heard that one of the largest Property Guardian firms put itself (and all its related companies) into voluntary liquidation on 6 November 2019. But that is what Camelot did.’

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Nearly Legal, 5th December 2019

Source: nearlylegal.co.uk

Akcil & Ors v Koza Ltd & Anor [2019] UKSC 40 – Hardwick Chambers

‘The first respondent (“Koza Ltd”) was a private company incorporated in England in March 2014. Koza Ltd was a wholly owned subsidiary of the sixth appellant (“Koza Altin”), a publicly listed company incorporated in Turkey and part of a group of Turkish companies known as the Koza Ipek Group (“the Group”). The Group was formerly controlled by the second respondent (“Mr Ipek”).’

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Hardwicke Chambers, 22nd August 2019

Source: hardwicke.co.uk

Lucy Bone on Privilege in Internal Investigations- Littleton Chambers

Posted December 12th, 2018 in fraud, news, privilege, subsidiary companies, whistleblowers by sally

‘Internal investigations are increasingly being conducted by companies not only on regulatory grounds but also in response to employment issues such as whistleblowing and discrimination allegations. In SFO v ENRC [2018] EWCA Civ 2006, the Court of Appeal has significantly widened the scope of legal professional privilege in the context of an internal company investigation. It will now be easier for the employer to assert privilege over employees’ witness statements and other documents generated in an investigation.’

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Littleton Chambers, 26th November 2018

Source: www.littletonchambers.com

Council wins Court of Appeal battle over stadium and state aid – Local Government Lawyer

‘Coventry City Council has won a Court of Appeal case in the latest round of a four-year long litigation saga over the city’s sports stadium the Ricoh Arena.’

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Local Government Lawyer, 15th October 2018

Source: www.localgovernmentlawyer.co.uk

Anchoring claims to a UK subsidiary – Competition Bulletin from Blackstone Chambers

‘The recent decision of the High Court in Vattenfall AB v Prysmian SpA [2018] EWHC 1694 (Ch) is another example of claimants being allowed to use non-addressee English subsidiaries as anchor defendants for their competition damages claims. It is also another example of the court considering but not actually having to decide the interesting legal points around attribution of liability which potentially arise in such cases.’

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Competition Bulletin from Blackstone Chambers, 7th September 2018

Source: competitionbulletin.com

English court had jurisdiction over conspiracy claim in gambling case – OUT-LAW.com

Posted August 13th, 2018 in conspiracy, fraud, gambling, Guernsey, jurisdiction, news, subsidiary companies by sally

‘A Guernsey-registered online gambling company can pursue a conspiracy claim against a group of Peruvian-resident customers in the English courts, the Court of Appeal has ruled.’

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OUT-LAW.com, 10th August 2018

Source: www.out-law.com

Parent Company Liability for Human Rights Abuses in the UK? We Need Clarity – Oxford Human Rights Hub

‘The liability of parent companies for the extraterritorial human rights abuses committed by their subsidiaries has increasingly become a critical topic for both corporate and human rights litigators. The absence of national and international laws comprehensively addressing this issue created a space for creative arguments for and against holding parent companies of multinational groups incorporated in home States accountable for the human rights abuses committed by their subsidiaries in host States.’

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Oxford Human Rights Hub, 24th July 2018

Source: ohrh.law.ox.ac.uk

Court dismisses Nigerian claim against UK parent company – OUT-LAW.com

Posted February 21st, 2018 in environmental protection, negligence, news, subsidiary companies by tracey

‘The Court of Appeal has dismissed a claim brought by two Nigerian community groups against Royal Dutch Shell (RDS) for environmental damage caused by one of its subsidiaries.’

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OUT-LAW.com, 21st February 2018

Source: www.out-law.com

Broker fined £4m by FCA over ‘truly independent’ claim – OUT-LAW.com

Posted December 13th, 2017 in financial regulation, fines, insurance, news, subsidiary companies by sally

‘An insurance broker has been fined over £4 million by the Financial Conduct Authority (FCA) for failing to adequately manage potential conflicts of interest involving its parent company.’

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OUT-LAW.com, 12th December 2017

Source: www.out-law.com

Interpretation of Article 24(2) Brussels Recast – Jurisdiction and Conflict of Laws

‘In its recent decision in Koza Ltd v Akcil [2017] EWCA Civ 1609, the Court of Appeal interpreted the scope of Article 24 (2) Brussels I Recast, which governs exclusive jurisdiction “in proceedings which have as their object the validity of the constitution, the nullity or dissolution of companies or other legal persons or associations of natural or legal persons, or the validity of the decisions of their organs, the courts of the Member State in which the company, legal person or association has its seat”.’

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Jurisdiction and Conflict of Laws, 10th November 2017

Source: jurisdictionandconflicts.net

UK mining firm in court over claims it mistreated environmental activists – The Guardian

‘A UK-registered mining company, which is now part of Glencore, is facing claims in a London court that it hired security forces to mistreat environmental activists protesting about a copper mine in Peru.’

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The Guardian, 31st October 2017

Source: www.theguardian.com

Permission for judicial review fails in diverted profits tax case – OUT-LAW.com

Posted July 12th, 2017 in appeals, judicial review, jurisdiction, news, subsidiary companies, taxation by sally

‘Permitting judicial review of the issue of a diverted profits tax (DPT) charging notice would “undermine parliament’s intent”, the High Court has decided in a case concerning oil and gas distributing company, Glencore Energy.’

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OUT-LAW.com, 11th July 2017

Source: www.out-law.com

Control of Documents – New Square Chamber

Posted April 14th, 2016 in civil procedure rules, disclosure, documents, news, subsidiary companies by sally

‘What happens when a party to proceedings refuses to give disclosure of documents held by its subsidiary? Can the parent company simply refuse to give disclosure on the basis that the subsidiary is a separate legal entity? CPR 31.8 provides that a party is obliged to give disclosure of documents in its “control.” In Ardila v ENRC [2015] EWHC 3761 (Comm) Males J sought to reconcile the competing first instance and appellate decisions on whether a parent company can be said to control the documents of its subsidiary.’

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New Square Chambers, 11th April 2016

Source: www.newsquarechambers.co.uk

Petter v EMC: Employment Share Schemes, Choice of Forum and Anti –Suit Injunctions – did the CA take a step too far? – Employment Law Blog

‘In granting the anti-suit injunction against EMC Corporation in Petter v (1) EMC Europe Limited (2) EMC Corporation [2015] EWCA Civ 828, the CA considered that it was upholding the policy in section 5 of Regulation (EU) 1215/2012 for the protection of employees from being sued other than in the courts of their domicile. But was it exceeding the limits of its jurisdiction to regulate the lawful conduct of foreigners, and interfering in the process of justice in the court of a friendly foreign state?’

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Employment Law Blog, 13th August 2015

Source: www.employment11kbw.com