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Tax Avoidance Schemes Don’t Always Work – As Football Club Discovers

No matter how complex or multi-layered they may be, tax avoidance schemes do not always work. A football club found that out to its cost when the Supreme Court ruled that a structure of trusts, by which money was funnelled to its players’ families, did not overcome the requirement to deduct Income Tax and National Insurance Contributions at source under the...

What Are ‘Standard Terms of Business’? Court of Appeal Ponders

The law frowns on unreasonable contractual terms contained within standard terms of business – but what exactly does the latter phrase mean? The Court of Appeal considered that issue in an important test case that will be required reading for anyone involved in the lending industry. A consortium of three banks had lent $150 million to a company engaged in an...

Long Tail Asbestos Losses – Where Does Corporate Liability Lie?

Long tail losses arising out of asbestos exposure are immense and judges are often obliged to delve far back into corporate history in order to discern where liabilities rightfully fall. That was certainly so in one case concerning an electricity industry worker who died from cancer almost 50 years after he was exposed. The man worked in the turbines division of...

Hiatus in Award of Public Railway Contract ‘Not In the Public Interest’

The fairness of public contract tendering is rigorously enforced and the award of any such contract is automatically suspended if a dispute arises. However, in one case, the High Court ruled that the continuation of such a hiatus was not in the public interest. A company that had failed to win a contract in respect of provision of a new traction system for an...

BMW Cracks Down on Unauthorised Use of Its Trade Marks

Vast investment in nurturing public recognition of trade marks is almost equalled by the resources that go into protecting them against misuse. In one case, motor manufacturing giant BMW triumphed in infringement proceedings against a small company that repaired and maintained its vehicles. The company had no formal connection with BMW, save as a purchaser and...

Public Contract Tendering – You Are Entitled to Know Why You Have Lost

Disappointed tenderers for public contracts are often placed in a difficult position, in that they know that they have lost but they do not know why. That was certainly so in one High Court case concerning a multi-million-pound contract for the provision of a new traction system for a fleet of underground trains. Following a public transport provider’s award...