Category: foreign companies

The Competition Commission’s power to block transactions outside the UK – Competition Bulletin from Blackstone Chambers

Posted July 2nd, 2013 in appeals, company law, competition, foreign companies, foreign jurisdictions, news, tribunals by sally

“The judgment in Akzo Nobel NV v Competition Commission [2013] CAT 13 is an important decision on the ability of the Competition Commission (‘CC’) to block transactions between companies outside of the UK. However, neither party to the appeal will be entirely happy with the Competition Appeal Tribunal’s (‘CAT’) legal analysis. There must therefore be a chance that – in a future case even if not in this one – the decision will be subject to attacks from both directions.”

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Competition Bulletin from Blackstone Chambers, 1st July 2013

Source: www.competitionbulletin.com

Schmitt v Deichmann and others – WLR Daily

Posted January 25th, 2012 in administrators, foreign companies, fraud, insolvency, jurisdiction, law reports by sally

Schmitt v Deichmann and others [2012] EWHC 62 (Ch); [2012] WLR (D) 8

“The court had an inherent jurisdiction under the common law to permit the statutory power under section 423 of the Insolvency Act 1986, preventing transactions defrauding creditors, to be applied to a foreign administrator not falling within the express scope of the 1986 Act.”

WLR Daily, 23rd January 2012

Source: www.iclr.co.uk

Draft tax legislation gives greater predictability and clarity – HM Treasury

Posted December 6th, 2011 in air passenger duty, consultations, corporation tax, foreign companies, legislation, news, taxation, VAT by sally

“Following Budget 2011, the Government has today published responses to a number of tax policy consultations, alongside draft clauses for legislation to be included in Finance Bill 2012.”

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HM Treasury, 6th December 2011

Source: www.hm-treasury.gov.uk

SSL International plc and another v TTK LIG Ltd and others – WLR Daily

Posted October 21st, 2011 in civil procedure rules, foreign companies, law reports, service by sally

SSL International plc and another v TTK LIG Ltd and others [2011] EWCA Civ 1170; [2011] WLR (D) 299

“Service of a claim form on the director of a foreign company during his temporary visit to England did not constitute personal service of the claim form on the company, within CPR r 6.5(3)(b), where the company was neither resident nor carried on business in England and all its directors were resident overseas when the proceedings were purportedly served.”

WLR Daily, 19th October 2011

Source: www.iclr.co.uk

In re Rodenstock GmbH – WLR Daily

Posted May 11th, 2011 in foreign companies, jurisdiction, law reports, schemes of arrangement by sally

In re Rodenstock GmbH [2011] EWHC 1104; [2011] WLR (D) 150

“Neither Council Regulation (EC) No 3046/2000 on insolvency proceedings (‘the Insolvency Regulation’) nor Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (‘the Judgments Regulation’) had narrowed the court’s jurisdiction in relation to the sanctioning of schemes of arrangement, by impacting restrictively on the circumstances when a company was ‘liable to be wound up’.”

WLR Daily, 6th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Bribery Act could disadvantage UK firms, warns Lord Goldsmith – Daily Telegraph

Posted April 26th, 2011 in bribery, company law, foreign companies, legislation, news, subsidiary companies by sally

“The Bribery Act could unfairly prejudice British companies after key aspects of it were watered down by the Ministry of Justice, according to former Attorney General Lord Goldsmith.”

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Daily Telegraph, 25th April 2011

Source: www.telegraph.co.uk

Serious Fraud Office vows to pursue corrupt foreign companies – The Guardian

Posted March 28th, 2011 in bribery, foreign companies, fraud, news by sally

“The head of the Serious Fraud Office (SFO) is at loggerheads with ministers who are seeking to exempt overseas companies from Britain’s new Bribery Act.”

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The Guardian, 25th March 2011

Source: www.guardian.co.uk

Justice minister tries to ease anti-bribery rules – The Guardian

Posted March 16th, 2011 in bribery, foreign companies, news by sally

“Foreign companies that are listed on the London stock market but have no other presence in the UK should not be liable for prosecution under the Bribery Act, according to guidance being drawn up by the Ministry of Justice.”

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The Guardian, 15th March 2011

Source: www.guardian.co.uk

Masri v Consolidated Contractors International (UK) Ltd and others (No 4) – WLR Daily

Posted August 3rd, 2009 in debts, execution, foreign companies, judgments, law reports, service out of jurisdiction by sally

Masri v Consolidated Contractors International (UK) Ltd and others (No 4) [2009] UKHL 43; [2009] WLR (D) 275

“There was no jurisdiction under CPR Pt 71 for a judgment creditor who was owed a judgment debt by a foreign company to obtain an order for the examination of the company’s officer who was outside the jurisdiction.”

WLR Daily, 31st July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Vodafone 2 v Revenue and Customs Commissioners – WLR Daily

Posted May 26th, 2009 in apportionment, corporation tax, EC law, foreign companies, freedom of establishment, law reports by sally

Vodafone 2 v Revenue and Customs Commissioners [2009] EWCA Civ 446; [2009] WLR (D) 170

“It was possible to provide a conforming interpretation of the Income and Corporation Taxes Act 1988 which avoided any unlawful restriction on a taxpayer company’s freedom of establishment, conferred by art 43EC of the EC Treaty, by the introduction of an additional exception to those contained in s 748(1)(a) to (e) and (3) in respect of the apportionment of profits of controlled foreign companies by the additional implication of the words ‘ if [the company] is, in that accounting period, actually established in another member state of the EEA and carries on genuine economic activities there’.”

WLR Daily, 21st May 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Masri v Consolidated Contractors International Co SAL and others (No 4) – WLR Daily

Posted July 30th, 2008 in company directors, foreign companies, judgments, jurisdiction, law reports by sally

Masri v Consolidated Contractors International Co SAL and others (No 4) [2008] EWCA Civ 876; [2008] WLR (D) 261

“The court had jurisdiction under CPR r 71.2 to order the examination of a foreign director of a company which had submitted to the jurisdiction, defended a claim on the merits and failed to pay the judgment debt. A director of a corporate director of the judgment debtor was not ‘an officer of that body’ within the meaning of the rule.”

WLR Daily, 29th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Vodafone 2 v Revenue and Customs Commissioners – WLR Daily

Posted July 9th, 2008 in corporation tax, EC law, foreign companies, law reports, subsidiary companies by sally

Vodafone 2 v Revenue and Customs Commissioners [2008] EWHC 1569 (Ch); [2008] WLR (D) 228

“Legislation concerning controlled foreign companies (CFC), which relied on ss 747 and 748 of the Income and Corporation Taxes Act 1988 for its effectiveness, was not compliant with European Community law and must be disapplied so that, pending such amending legislation or executive action, no charge could be imposed on a taxpayer company under that legislation.”

WLR Daily, 8th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

UK extends e-commerce Directive to terrorism laws – OUT-LAW.com

Posted June 20th, 2007 in EC law, foreign companies, incitement, news, terrorism by sally

“Regulations come into force this week that explain how and when a foreign company can be brought to justice in the UK over blog postings that encourage terrorism. The Regulations integrate Europe’s e-commerce laws with the UK’s Terrorism Act.”

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OUT-LAW.com, 19th June 2007

Source: www.out-law.com