Court : House of Lords
..... dated 28 january 2002 directing a preliminary issue: "whether the ownership of the site of st philip's church of england primary school, melville road, maidstone, kent, reverted pursuant to the third proviso to section 2 of the school sites act 1841 before 17 august 1975, ie more than 12 years before the commencement of the reverter of sites act 1987." 39. ..... section 1 of the reverter of sites act 1987 abolished the reverter of the freehold under the 1841 act and substituted a trust for sale coming into existence when ..... of the schoolmaster or schoolmistress, or otherwise for the purposes of the education of such poor persons in religious and useful knowledge" the most striking feature of the 1841 act, and the one which has given rise to most litigation, is the statutory reverter in the third proviso to section 2: "provided also, that upon the said land so granted as aforesaid, or any part thereof, ceasing to be used for the purposes in this ..... expected to have kept minutes of their meetings recording any important policy decisions; none were produced and put in evidence by the board of finance, and it hardly lies in their mouths to ask the court to infer a breach of trust from a gap in their own evidence. ..... amendments to the law, some of which have since been modified in technical respects by the trusts of land and appointment of trustees act ..... the authority of the 1841 act and the school sites act 1844 (7 and 8 vict, c 37) (which made minor amendments, not now material, to the 1841 act). .....
Tag this Judgment!Court : House of Lords
..... the relevant statutory provisions were first enacted in the finance act 1986, section 44, and schedule 11 to that act under which the 1987 regulations were made. ..... the closure notice gave rise to a notice of amendment of mr agassi's self-assessment tax return proposing the addition of an income tax charge of 27,500 odd. ..... that led to the closure notice and to the proposed amendment of mr agassi's self-assessment return were payments caught by section 556(2). ..... the well-settled presumption against a statute being construed as having extra-territorial effect (see ex parte blain (1879) 12 ch d 22) is ousted by a sufficient indication that in this case parliament did intend section 555 (2) of the income and corporation taxes act 1988 ("icta 1988") and its associated provisions (re-enacting provisions originally introduced by section 44 of and schedule 11 to the finance act 1986) to apply to a payment made by a person neither resident nor having any tax presence in the united kingdom. ..... chapter iii of the 1988 act, containing sections 555 to 557 and consolidating schedule 11 of the finance act 1986, was intended not just to provide improved collection machinery but also to expand the ambit of the basic tax charge under schedule d imposed by what became section 18(1)(a)(iii) of the 1988 act. .....
Tag this Judgment!Court : House of Lords
..... the same is true of sections 660a and 660b of the income and corporation taxes act 1988 as amended by the finance act 1995. 42. ..... this connection, as long ago as 1940, in commissioners of inland revenue v payne (1940) 23 tc 610, sir wilfred greene mr discussing a somewhat more simply drafted statutory predecessor of the sections in question here, namely section 38 of the finance act 1938, said this, at p 626, in relation to a scheme whose details are not of significance for present purposes: "the word 'arrangement' is not a word of art. ..... a comparable definition of "settlement" ("includes any disposition, trust, covenant, agreement, arrangement or transfer of assets") appeared for the first time in subsection (9)(b) of section 21 of the finance act 1936 (provisions as to income settled on children), which was capable of applying to covenanted payments as well as to the income of settled property. ..... that case may be contrasted with irc v payne (1940) 23 tc 610, a decision on section 38(1) of the finance act 1938, where there was no classic settlement of property, only an income covenant in favour of a controlled private company. ..... in chamberlain v irc (1943) 25 tc 3 , for instance, the court (in applying section 38(2) of the finance act 1938) had to identify "the property comprised in the settlement" and to decide whether that settlement ("or any provision thereof") was revocable, and unsurprisingly encountered difficulties in doing so: see in this house the speeches of lord .....
Tag this Judgment!Court : House of Lords
..... decision of the court being framed as follows:' the question of law for the opinion of the court is whether the city of glasgow police athletic association is, within the meaning and for the purposes of section 30 of the finance act, 1921 (as amended by section 24 of the finance act, 1927), a charity, namely a body of persons established for charitable purposes only. ..... lordships did not address themselves to a discussion and decision of the question of law submitted for their opinion, whether the city of glasgow police athletic association is, within the meaning and for the purposes of section 30 of the finance act, 1921 (as amended by section 24 of the finance act, 1927) a charity, namely a body of persons established for charitable purposes only. ..... my lords, the respondents claim that they are entitled to exemption from income tax under section 30 of the finance act, 1921, as amended by section 24 of the finance act, 1927. ..... association is such a body, it is not disputed that the profit of 1,214 resulting from its annual amateur sports meeting, held during the year ending 30th september, 1950, is exempted from income tax by section 30 (1) (c) of the finance act, 1921 as amended by section 24 of the finance act, 1927. ..... it is agreed that the profits of a trade, namely the holding of annual athletic sports, carried on by them, will be exempt from income tax under schedule d, by virtue of section 30 (1) (c) of the finance act, 1921, as amended by section 24 of the finance act, 1927. .....
Tag this Judgment!Court : House of Lords
..... " it may be added, however, by way of contrast, that such surpluses were held liable to be included in computing profits for the purposes of corporation profits tax, by virtue of the express provisions of paragraph (h) of subsection (2) of section 53 of the finance act, 1920, the material part of which provides, "profits shall include in the case of mutual trading concerns the surplus arising from transactions with members. ..... house by the appellants upon the assumptiondictated by the form of the case statedthat the relevant terms of the contracts of insurance between the company and its members were such that, apart from section 31 of the finance act, 1933, no taxable profit could thereby arise to the company. ..... the section under discussion, section 31 of the finance act, 1933, is clearly a remedial section, if that is a proper description of a section intended to bring further subject-matter within the ambit of taxation. ..... participators, and that the surpluses arising on its transactions would not have been assessable to income tax, in view of the decisions already referred to, but the crown maintains that such liability is imposed by the provisions of section 31 of the finance act, 1933, the material part of which enacts as follows: "31. ..... it is not disputed that the assessment was made on the footing that such surplus constituted profits chargeable to income tax by virtue of section 31 of the finance act, 1933, and could not otherwise be justified. .....
Tag this Judgment!Court : House of Lords
..... section 77 prescribes a long-stop time limit, normally six years in the section as originally enacted and now three as substituted by section 47(10) of the finance act 1997, on the making of assessments, including assessments for penalties, interest or surcharge, under section ..... secondly, section 55a was added by section 19(1) of the finance act 2006, together with section 26ab which provides for the adjustment of accounts to ..... first, section 77a was added by section 18(1) and (4) of the finance act 2003 with effect ..... section 77a was introduced by the finance act 2003, and was therefore not in force when the events ..... harmonisation of this form of sales tax throughout all the member states of the eu: see part i of the finance act 1972, which brought the then directives into force in the uk following its accession to the eec. ..... it can, at any rate with hindsight, be recognised as a case of unlawful object (or lawful means) conspiracy, since (on the facts found) the union did not have the justification of advancing its own interests, and was acting primarily for the purpose of punishing and injuring leathem (see especially the speeches of lord macnaghten at p 511 and lord shand at p 515; lord lindley, however, at p 538 seems to have regarded it as a case of ..... of appeal, counsel for the commissioners declined on instructions, for reasons which he explained to the court, to seek to amend to plead that the conspirators predominant purpose was to injure the commissioners. ..... mavji [1987] .....
Tag this Judgment!Court : House of Lords
..... claim. section 47(2) of the finance act 1997 provided that this amendment: shall be deemed to have come into force on 18 july 1996 as a provision applying, for the purposes of making any repayment on or after that date, to all claims under section 80 of [vata 1994], including claims made before that date and claims relating to payments made before that date. ..... . an amendment to section 80(4) of vata 1994 was enacted by section 47 of the finance act 1997 with effect from 18 july 1996 ..... 38. the amendment made by section 47 of the finance act 1997 was challenged by marks and spencer in very complex litigation commenced by two separate notices of appeal against the refusal of repayment claims, one (in respect of tea cakes) given on 17 august 1995 and the other (in respect ..... . the amendment was made by section 47 of the finance act 1997 with effect from 18 july 1996 ..... tax. this proposal became effective on 3 december 1996 under the provisional collection of taxes 1968, and was enacted by section 47 of the finance act 1997, which received the royal assent on19 march ..... ). bb 27/02 did not expressly refer to section 80 of vata 1994 or to section 47(2) of the finance act 1997 (as bb 22/02 had done ..... input tax that could have, but had not, been claimed by the taxpayer in a previous accounting period had to be made under regulation 29(1) of the value added tax regulations 1995 (the 1995 regulations) rather than under section 80 of the finance act 1994 .....
Tag this Judgment!Court : House of Lords
..... appeal are listed as bank of credit and commerce international (overseas) ltd v price waterhouse 24 march 1998, laddie j, barings plc v coopers and lybrand [2003] 1 lloyds rep ir 566 and sasea finance ltd (in liquidation) v kpmg [2000] 1 all er 676, but there were some other strands in the litigation about barings, and many other strands in the bcci litigation (mr brindles printed case refers ..... activities of the directing mind in his office, then it is unrealistic in the extreme to consider that the manager is the directing mind of the companywhere the criminal act is totally in fraud of the corporate employer and where the act is intended to and does result in benefit exclusively to the employee-manager, the employee-directing mind, from the outset of the design and execution of the criminal plan ..... confusion of thought, since if the trader had been convicted of the more serious offence under section 96 of the singapore income tax act it would have been guilty of deliberate and dishonest tax evasion and could not have been ..... which must be assumed (for the purposes of moore stephens strike-out application) in the lengthy amended statement of claim (running to 398 paragraphs, with supporting schedules) setting out s and rs case ..... public conscience test applied by the court of appeal (in reliance on the earlier decisions of the court of appeal in saunders v edwards [1987] 1 wlr 1116, euro-diam ltd v bathurst [1990] 1 qb 1 and howard v shirlstar container transport ltd [1990] 1 wlr .....
Tag this Judgment!Court : House of Lords
..... does it follow that section 14 (1) of the income and corporation taxes act 1988 (originally section 84 (1) of the finance act 1972), which imposed the obligation on uk companies to pay act in respect of dividends paid to their shareholders, was unlawful, or, to put the question another way, imposed an unlawful tax? ..... to "restitution of, and further and/or alternatively compensation for, and further and/or alternatively compensation for the loss of use of, monies paid on account of act pursuant to unlawful demands by the first and/or second defendant and/or under a mistake of law and pursuant to the statutory provisions in respect of the dbag dividends" (later amended to both sets of dividends), compensation for loss of use of the monies to be calculated "from the dates of payment until set-off against mainstream ..... the pleading issue is whether these amendments added or substituted a new cause of action outside the category permitted by section 35(5)(a) of the limitation act 1980 ("if the new cause of action arises out of the same facts or substantially the same facts as are already in issue on any claim previously made in the original action. ..... (no mention of the 1995 and 1996 act payments appeared in the pleadings until an amendment made on 19 august 2002 and there is an issue, to which i shall return later, over whether that latter date should be taken for the purposes of limitation as the commencement date of the proceedings in respect of those dividends. .....
Tag this Judgment!Court : House of Lords
..... . levan as tenant for life had power under the settled land act, 1925, to direct a change of investment of the capital moniesthat by the joint effect of section 58 (2) and section 58 (4) of the finance act, 1940, he must be deemed to have made a transfer, but i think that such transfer was made by him in a fiduciary capacity, because the act which results in the notional transfer was done in a fiduciary capacity, so that the resulting transfer must be regarded as having been made ..... for value or not, after becoming an interest in possession, (a) if apart from the disposition or determination the property in which the interest subsisted would have passed on the death under section one of the finance act 1894, that property shall be deemed by virtue of this section to be included as to the whole thereof in the property passing on the death .... ..... they were (a) a claim under section 43 of the finance act, 1940, against the appellants, the present trustees of the resettlement, for estate duty on the 50,000 ordinary shares of the company, and, alternatively, (b) a claim under section 46 of that act against the company for estate duty on a proportion of the company's assets corresponding to the benefits accruing to ..... that the trustees are to be regarded for the purposes of section 43 (2) (a) of the finance act, 1940, as having assumed bona fide possession and enjoyment of the 50,000 ordinary shares immediately after the determination by the deed poll of the 29th march, 1927, of the late .....
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