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Directors did not breach fiduciary duty in relation to insolvent company's participation in failed tax avoidance scheme
2022-06-01

In Stephen John Hunt (Liquidator of Marylebone Warwick Balfour Management Ltd) v Richard Balfour-Lynn and others [2022] EWHC 784 (Ch), the High Court decided that the directors of a company which went into liquidation after participating in an ineffective tax avoidance scheme did not breach their fiduciary duties and payments made pursuant to the scheme were not transactions defrauding creditors.

Background

Filed under:
United Kingdom, Insolvency & Restructuring, Litigation, Tax, RPC, HM Revenue and Customs (UK)
Authors:
Rebekka Sandwell
Location:
United Kingdom
Firm:
RPC
View Original Article
Directors did not breach fiduciary duty in relation to insolvent company's participation in failed tax avoidance scheme
2022-06-01

In Stephen John Hunt (Liquidator of Marylebone Warwick Balfour Management Ltd) v Richard Balfour-Lynn and others [2022] EWHC 784 (Ch), the High Court decided that the directors of a company which went into liquidation after participating in an ineffective tax avoidance scheme did not breach their fiduciary duties and payments made pursuant to the scheme were not transactions defrauding creditors.

Background

Filed under:
United Kingdom, Insolvency & Restructuring, Litigation, Tax, RPC, HM Revenue and Customs (UK)
Authors:
Rebekka Sandwell
Location:
United Kingdom
Firm:
RPC
View Original Article
Directors did not breach fiduciary duty in relation to insolvent company's participation in failed tax avoidance scheme
2022-06-01

In Stephen John Hunt (Liquidator of Marylebone Warwick Balfour Management Ltd) v Richard Balfour-Lynn and others [2022] EWHC 784 (Ch), the High Court decided that the directors of a company which went into liquidation after participating in an ineffective tax avoidance scheme did not breach their fiduciary duties and payments made pursuant to the scheme were not transactions defrauding creditors.

Background

Filed under:
United Kingdom, Insolvency & Restructuring, Litigation, Tax, RPC, HM Revenue and Customs (UK)
Authors:
Rebekka Sandwell
Location:
United Kingdom
Firm:
RPC
View Original Article
Directors did not breach fiduciary duty in relation to insolvent company's participation in failed tax avoidance scheme
2022-06-01

In Stephen John Hunt (Liquidator of Marylebone Warwick Balfour Management Ltd) v Richard Balfour-Lynn and others [2022] EWHC 784 (Ch), the High Court decided that the directors of a company which went into liquidation after participating in an ineffective tax avoidance scheme did not breach their fiduciary duties and payments made pursuant to the scheme were not transactions defrauding creditors.

Background

Filed under:
United Kingdom, Insolvency & Restructuring, Litigation, Tax, RPC, HM Revenue and Customs (UK)
Authors:
Rebekka Sandwell
Location:
United Kingdom
Firm:
RPC
View Original Article
The AVANTI spectrum Refinement to the legal characterisation of a charge as fixed or floating
2023-05-26

The characterisation of a charge as fixed or floating can have significant ramifications for the chargee on chargor’s insolvency. This is because the holder of a fixed charge enjoys significant advantage, in terms of the order of priority of distributions to creditors, over a floating charge holder.

Filed under:
United Kingdom, Insolvency & Restructuring, Litigation, Tax, DLA Piper, Financial Conduct Authority (UK), HM Revenue and Customs (UK)
Authors:
David Ampaw , Roya Panahi
Location:
United Kingdom
Firm:
DLA Piper
View Original Article
Directors did not breach fiduciary duty in relation to insolvent company's participation in failed tax avoidance scheme
2022-06-01

In Stephen John Hunt (Liquidator of Marylebone Warwick Balfour Management Ltd) v Richard Balfour-Lynn and others [2022] EWHC 784 (Ch), the High Court decided that the directors of a company which went into liquidation after participating in an ineffective tax avoidance scheme did not breach their fiduciary duties and payments made pursuant to the scheme were not transactions defrauding creditors.

Background

Filed under:
United Kingdom, Insolvency & Restructuring, Litigation, Tax, RPC, HM Revenue and Customs (UK)
Authors:
Rebekka Sandwell
Location:
United Kingdom
Firm:
RPC
View Original Article
Directors did not breach fiduciary duty in relation to insolvent company's participation in failed tax avoidance scheme
2022-06-01

In Stephen John Hunt (Liquidator of Marylebone Warwick Balfour Management Ltd) v Richard Balfour-Lynn and others [2022] EWHC 784 (Ch), the High Court decided that the directors of a company which went into liquidation after participating in an ineffective tax avoidance scheme did not breach their fiduciary duties and payments made pursuant to the scheme were not transactions defrauding creditors.

Background

Filed under:
United Kingdom, Insolvency & Restructuring, Litigation, Tax, RPC, HM Revenue and Customs (UK)
Authors:
Rebekka Sandwell
Location:
United Kingdom
Firm:
RPC
View Original Article
Directors did not breach fiduciary duty in relation to insolvent company's participation in failed tax avoidance scheme
2022-06-01

In Stephen John Hunt (Liquidator of Marylebone Warwick Balfour Management Ltd) v Richard Balfour-Lynn and others [2022] EWHC 784 (Ch), the High Court decided that the directors of a company which went into liquidation after participating in an ineffective tax avoidance scheme did not breach their fiduciary duties and payments made pursuant to the scheme were not transactions defrauding creditors.

Background

Filed under:
United Kingdom, Insolvency & Restructuring, Litigation, Tax, RPC, HM Revenue and Customs (UK)
Authors:
Rebekka Sandwell
Location:
United Kingdom
Firm:
RPC
View Original Article
Directors did not breach fiduciary duty in relation to insolvent company's participation in failed tax avoidance scheme
2022-06-01

In Stephen John Hunt (Liquidator of Marylebone Warwick Balfour Management Ltd) v Richard Balfour-Lynn and others [2022] EWHC 784 (Ch), the High Court decided that the directors of a company which went into liquidation after participating in an ineffective tax avoidance scheme did not breach their fiduciary duties and payments made pursuant to the scheme were not transactions defrauding creditors.

Background

Filed under:
United Kingdom, Insolvency & Restructuring, Litigation, Tax, RPC, HM Revenue and Customs (UK)
Authors:
Rebekka Sandwell
Location:
United Kingdom
Firm:
RPC
View Original Article
Directors did not breach fiduciary duty in relation to insolvent company's participation in failed tax avoidance scheme
2022-06-01

In Stephen John Hunt (Liquidator of Marylebone Warwick Balfour Management Ltd) v Richard Balfour-Lynn and others [2022] EWHC 784 (Ch), the High Court decided that the directors of a company which went into liquidation after participating in an ineffective tax avoidance scheme did not breach their fiduciary duties and payments made pursuant to the scheme were not transactions defrauding creditors.

Background

Filed under:
United Kingdom, Insolvency & Restructuring, Litigation, Tax, RPC, HM Revenue and Customs (UK)
Authors:
Rebekka Sandwell
Location:
United Kingdom
Firm:
RPC
View Original Article

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