Hello everyone,

The Court of Appeal had a busy week and released a number of civil decisions, many of which were procedural in nature – extension of time, leave to appeal, limitation periods, Rule 21. One of these procedural decisions was in the Nortel case, in which the court denied leave to appeal Justice Newbould’s trial decision, apparently bringing the matter substantially closer to a conclusion.

Have a nice weekend.

John Polyzogopoulos

Civil Decisions

Corporate income tax

Accelerated depreciation may only be elected in the statutory filing period for the return

Central Economic-Administrative Tribunal. Decision of February 14, 2019

As part of a limited review procedure, a taxpayer requested recognition of a downward adjustment to the corporate income tax base, by claiming the benefit related to accelerated depreciation (which had not been included on the return filed in the voluntary period). The tax authorities rejected that request.

Introduction

Summary judgment refers to a process where judgment is given in a case at an early stage, without a full litigation process and without the need for a full trial.  It is confined to specific circumstances. A plaintiff can apply for summary judgment where a defendant has entered an appearance or delivered a defence.  Summary judgment is most commonly granted where the defendant has no bona fide defence to the claim made by the plaintiff. 

Recent Developments in Bankruptcy Law, January 2017 (Covering cases reported through 560 B.R. 607 and 839 F.3d 1301)

RICHARD LEVIN

Partner +1 (212) 891-1601 [email protected]

Copyright 2017 Jenner & Block LLP. 353 North Clark Street Chicago, IL 60654-3456. Jenner & Block is an Illinois Limited Liability

Partnership including professional corporations. Attorney Advertising. Prior results do not guarantee a similar outcome.

The Guide to ACV has been updated to 10th June 2016 including recent appeals decision and expanded consideration of nominators; supporting evidence; assessment process; nominations of pubs; and exempt disposals.

Assets of Community Value guide

Blighting of development or boosting the local community

CONTENTS

In the case of B v IB [2013] EWHC 3755 (Fam) the High Court has determined the status of an application made under s.423 of the Insolvency Act 1986 issued during divorce proceedings where the husband had died during the process and the wife intended to commence new proceedings under s.10 of the Inheritance (Provision for Family and Dependants) Act 1975.

Background

Unlike in personal insolvency, the estate is bankrupt when its liabilities are greater than assets. There is no need for an order declaring an estate bankrupt. Equally, there is, therefore, no specific, different Grant appointing those responsible for administering an insolvent estate. A bankrupt estate may be administered by its appointed executor or administrator (PR), applying insolvency rules in the administration process.

A prominent High Court case involving TV presenter Trinny Woodall and her late ex-husband’s creditors has provided a useful insight into the handling of debts following a divorce.

Ms Woodall married Johnny Elichaoff in 1999 and after a ten year marriage, the couple divorced in 2009.

During the divorce settlement it was agreed that Mr Elichaoff would pay Ms Woodall and their daughter £24,000 a year and repay a sum of £1.4 million to her.

However, just nine days before the divorce was finalised Mr Elichaoff was made bankrupt and the repayment was later declared void.

In the preparation of a comprehensive estate plan for a client, an attorney must consider the size of the estate, the manner in which assets are titled, transfer and income tax issues, and family dynamics.  In light of the recent United States Supreme Court decision in Clark v. Rameker[1], ("Clark") there is now one more area of concern.

Before Clark

Bankruptcy Remote? Maybe Not