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English court considers directors' "creditor duty" in context of failed tax avoidance scheme
2023-09-06

In Hunt v Singh, the Court referred to the Supreme Court's landmark decision in BTI v Sequana (see our alert) in deciding when the directors' duty to creditors arose.

Background

Marylebone Warwick Balfour Management Limited (the Company), entered a tax avoidance scheme between 2002 and 2010 which the directors, on professional advice, believed to be valid.

Filed under:
United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, Taylor Wessing, Tax avoidance, Insolvency
Authors:
Louise Jennings , Isabelle Moisy
Location:
United Kingdom
Firm:
Taylor Wessing
View Original Article
English court considers directors' "creditor duty" in context of failed tax avoidance scheme
2023-09-06

In Hunt v Singh, the Court referred to the Supreme Court's landmark decision in BTI v Sequana (see our alert) in deciding when the directors' duty to creditors arose.

Background

Marylebone Warwick Balfour Management Limited (the Company), entered a tax avoidance scheme between 2002 and 2010 which the directors, on professional advice, believed to be valid.

Filed under:
United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, Taylor Wessing, Tax avoidance, Insolvency
Authors:
Louise Jennings , Isabelle Moisy
Location:
United Kingdom
Firm:
Taylor Wessing
View Original Article
English court considers directors' "creditor duty" in context of failed tax avoidance scheme
2023-09-06

In Hunt v Singh, the Court referred to the Supreme Court's landmark decision in BTI v Sequana (see our alert) in deciding when the directors' duty to creditors arose.

Background

Marylebone Warwick Balfour Management Limited (the Company), entered a tax avoidance scheme between 2002 and 2010 which the directors, on professional advice, believed to be valid.

Filed under:
United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, Taylor Wessing, Tax avoidance, Insolvency
Authors:
Louise Jennings , Isabelle Moisy
Location:
United Kingdom
Firm:
Taylor Wessing
View Original Article
English court considers directors' "creditor duty" in context of failed tax avoidance scheme
2023-09-06

In Hunt v Singh, the Court referred to the Supreme Court's landmark decision in BTI v Sequana (see our alert) in deciding when the directors' duty to creditors arose.

Background

Marylebone Warwick Balfour Management Limited (the Company), entered a tax avoidance scheme between 2002 and 2010 which the directors, on professional advice, believed to be valid.

Filed under:
United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, Taylor Wessing, Tax avoidance, Insolvency
Authors:
Louise Jennings , Isabelle Moisy
Location:
United Kingdom
Firm:
Taylor Wessing
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
English court considers directors' "creditor duty" in context of failed tax avoidance scheme
2023-09-06

In Hunt v Singh, the Court referred to the Supreme Court's landmark decision in BTI v Sequana (see our alert) in deciding when the directors' duty to creditors arose.

Background

Marylebone Warwick Balfour Management Limited (the Company), entered a tax avoidance scheme between 2002 and 2010 which the directors, on professional advice, believed to be valid.

Filed under:
United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, Taylor Wessing, Tax avoidance, Insolvency
Authors:
Louise Jennings , Isabelle Moisy
Location:
United Kingdom
Firm:
Taylor Wessing
View Original Article
English court considers directors' "creditor duty" in context of failed tax avoidance scheme
2023-09-06

In Hunt v Singh, the Court referred to the Supreme Court's landmark decision in BTI v Sequana (see our alert) in deciding when the directors' duty to creditors arose.

Background

Marylebone Warwick Balfour Management Limited (the Company), entered a tax avoidance scheme between 2002 and 2010 which the directors, on professional advice, believed to be valid.

Filed under:
United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, Taylor Wessing, Tax avoidance, Insolvency
Authors:
Louise Jennings , Isabelle Moisy
Location:
United Kingdom
Firm:
Taylor Wessing
View Original Article
English court considers directors' "creditor duty" in context of failed tax avoidance scheme
2023-09-06

In Hunt v Singh, the Court referred to the Supreme Court's landmark decision in BTI v Sequana (see our alert) in deciding when the directors' duty to creditors arose.

Background

Marylebone Warwick Balfour Management Limited (the Company), entered a tax avoidance scheme between 2002 and 2010 which the directors, on professional advice, believed to be valid.

Filed under:
United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, Taylor Wessing, Tax avoidance, Insolvency
Authors:
Louise Jennings , Isabelle Moisy
Location:
United Kingdom
Firm:
Taylor Wessing
View Original Article
English court considers directors' "creditor duty" in context of failed tax avoidance scheme
2023-09-06

In Hunt v Singh, the Court referred to the Supreme Court's landmark decision in BTI v Sequana (see our alert) in deciding when the directors' duty to creditors arose.

Background

Marylebone Warwick Balfour Management Limited (the Company), entered a tax avoidance scheme between 2002 and 2010 which the directors, on professional advice, believed to be valid.

Filed under:
United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, Taylor Wessing, Tax avoidance, Insolvency
Authors:
Louise Jennings , Isabelle Moisy
Location:
United Kingdom
Firm:
Taylor Wessing
View Original Article
English court considers directors' "creditor duty" in context of failed tax avoidance scheme
2023-09-06

In Hunt v Singh, the Court referred to the Supreme Court's landmark decision in BTI v Sequana (see our alert) in deciding when the directors' duty to creditors arose.

Background

Marylebone Warwick Balfour Management Limited (the Company), entered a tax avoidance scheme between 2002 and 2010 which the directors, on professional advice, believed to be valid.

Filed under:
United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, Taylor Wessing, Tax avoidance, Insolvency
Authors:
Louise Jennings , Isabelle Moisy
Location:
United Kingdom
Firm:
Taylor Wessing
View Original Article

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