Michael Anderson Partner and Philippe Freund Barrister both of Dorsey & Whitney (Europe) LLP report on the recent High Court judgment in the Thin Cap GLO. Dorsey & Whitney are lead solicitors for the claimants
On 17 November 2009 Henderson J handed down his judgment in the Thin Cap Group Litigation. This judgment followed a preliminary reference to the ECJ in December 2004 following which the Advocate-General delivered his Opinion in June 2006 and the ECJ gave judgment on 13 March 2007 Case C-524/04 [2007] STC 906. The judgment clearly establishes that where transactions were for genuinely commercial purposes the thin cap rules should be disapplied.
Summary of the Case So Far
...
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Michael Anderson Partner and Philippe Freund Barrister both of Dorsey & Whitney (Europe) LLP report on the recent High Court judgment in the Thin Cap GLO. Dorsey & Whitney are lead solicitors for the claimants
On 17 November 2009 Henderson J handed down his judgment in the Thin Cap Group Litigation. This judgment followed a preliminary reference to the ECJ in December 2004 following which the Advocate-General delivered his Opinion in June 2006 and the ECJ gave judgment on 13 March 2007 Case C-524/04 [2007] STC 906. The judgment clearly establishes that where transactions were for genuinely commercial purposes the thin cap rules should be disapplied.
Summary of the Case So Far
...
If you are not a subscriber, subscribe now to read this content.
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