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England and Wales Case Law

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Tax

The Commissioners for HMRC v British Airways PLC

The Upper Tribunal dismissed HMRC’s appeal, holding that Heathrow accommodation on back-to-back rotations was deductible under section 337 ITEPA 2003.

  • Deductibility of accommodation costs
  • Travel expenses
  • Benefits in kind
  • Employment duties
  • Back-to-back flight rotations
  • Home base accommodation
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Tax law

Timothy Norton & Anor v The Commissioners for HMRC

The FTT was entitled to find that the cars were available for private use despite SORN/untaxed status, as these were not effective restraints; discovery assessments under s 29 TMA cannot be validly made before the enquiry period closes; the 20 March 2017 letter was not a valid closure notice and defects were substantive, not mere form.

  • Benefits in kind
  • Income tax
  • National insurance contributions
  • Discovery assessments
  • Closure notices
  • Statutory interpretation
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Tax law [2016] EWCA Civ 157

HM Revenue & Customs v Apollo Fuels Ltd & Ors & Anor

HM Revenue & Customs v Apollo Fuels Ltd & Ors & Anor [2016] EWCA Civ 157 (17 March 2016)

The Court of Appeal held that leasing company cars to employees at full market value was not a taxable benefit under Chapter 6 of ITEPA 2003.

  • Income tax
  • Benefits in kind
  • Company car taxation
  • Fair bargain exclusion
  • Paye
  • National insurance contributions
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Trusts

Singapore Airlines Ltd & Anor v Buck Consultants Ltd

The Court of Appeal held that a pension scheme’s definition of “Earnings” included fluctuating emoluments, 13th month payments, LWA, and taxable benefits in kind.

  • Interpretation of pension scheme rules
  • Definition of earnings
  • Costs in trust litigation
  • Benefits in kind
  • Fluctuating emoluments
  • Pension-scheme-interpretation
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Pensions law [2011] EWCA Civ 1542

Singapore Airlines Ltd & Anor v Buck Consultants Ltd

Singapore Airlines Ltd & Anor v Buck Consultants Ltd [2011] EWCA Civ 1542 (13 December 2011)

The Court of Appeal held that a pension scheme’s definition of “Earnings” included fluctuating emoluments, basic remuneration covered 13th month pay and London weighting, and taxable benefits in kind were included.

  • Interpretation of pension scheme rules
  • Definition of earnings
  • Fluctuating emoluments
  • Benefits in kind
  • Costs in trust litigation
  • Pension-scheme-interpretation
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Financial services law [2011] EWCA Civ 1413

Digital Satellite Warranty Cover Ltd v The Financial Services Authority

Digital Satellite Warranty Cover Ltd v The Financial Services Authority [2011] EWCA Civ 1413 (29 November 2011)

The Court of Appeal held that satellite warranty plans providing repair or replacement, including accidental damage cover, were regulated insurance and upheld winding-up orders.

  • Regulated activities
  • Contracts of insurance
  • Benefits in kind
  • Winding-up orders
  • Interpretation of directives
  • Authorisation requirements
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Pensions [2011] EWHC 59 (Ch)

Singapore Airlines Ltd & Anor v Buck Consultants Ltd

Singapore Airlines Ltd & Anor v Buck Consultants Ltd [2011] EWHC 59 (Ch) (20 January 2011)

The court construed pension scheme rules and held that fluctuating emoluments were included in earnings, while London Weighting Allowance and 13th month payments formed part of basic remuneration.

  • Interpretation of pension scheme rules
  • Definition of earnings
  • Inclusion of fluctuating emoluments
  • Basic remuneration
  • London weighting allowance
  • 13th month payments
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Pensions

Singapore Airlines Ltd & Anor v Buck Consultants Ltd

The court construed pension scheme rules and held that fluctuating emoluments were included in earnings, while LWA and 13th month payments were basic remuneration.

  • Construction of pension scheme rules
  • Definition of earnings
  • Inclusion of fluctuating emoluments
  • Basic remuneration
  • Benefits in kind
  • Pension-scheme-construction
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Pensions [2002] EWHC 983 (Ch)

Redrow Plc v Pedley & Anor

Redrow Plc v Pedley & Anor [2002] EWHC 983 (Ch) (12 February 2002)

The High Court held that benefits in kind were excluded from pension calculations under Redrow’s 1989 and 1995 scheme deeds, and upheld members’ entitlement rules.

  • Construction of pension scheme deeds
  • Benefits in kind
  • Scheme member entitlements
  • Estoppel by convention
  • Pension-scheme-construction
  • Benefits-in-kind
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.