We use cookies to help us understand how we can enhance our site. To read more about our policy, please click here. To accept our policy, click

JHA | Blog
and and

Vedanta Resources Plc & Anor v Lungowe & Ors [2019] UKSC 20: Supreme Court decides Vendanta case on parent company
On 10 April 2019 the Supreme Court issued its judgment in Lungowe and Ors v Vendanta, ruling that claims brought by a group of Zambian citizens against a Zambian mining company and its UK-domiciled parent can proceed to trial in England. The case raises important issues regarding jurisdiction and the potential liability of parent companies
READ MORE
Legal Professional Privilege and the Modern-day Corporation: Where are Things At?
Legal professional privilege is a cornerstone principle of the English legal system. Last year, the Court of Appeal issued a landmark decision on the doctrine of legal professional privilege. The case, The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Limited EWCA Civ 2006 (“ENRC”), partially overturned the decision of the
READ MORE
The CFC group finance exemption: EC’s final decision
The group financing exemption in TIOPA 2010 Part 9A Chapter 9 involves unlawful state aid, according to the European Commission’s final decision. The non-trading finance profits (NTFP) exemptions give an advantage to controlled foreign companies (CFCs) earning NTFP from qualifying loan relationships, as these exemptions are not available for upstream or third-party loans. In a
READ MORE
JHA’s Simon Whitehead edits The Tax Disputes and Litigation Review 2019 and writes the UK chapter
JHA consultant Simon Whitehead has edited the seventh edition of The Tax Disputes and Litigation Review and has also contributed the UK chapter to this guide. This book is published by The Law Reviews and is available online and in print. The objective of this book is to provide tax professionals involved in disputes with
READ MORE
Podstreshnyy v Pericles Properties: the serious consequences of disobeying disclosure orders
Author :
The recent judgment in Podstreshnyy v Pericles Properties Ltd sends a clear message as to how seriously the UK courts take the deliberate breach of disclosure orders made in the context of freezing orders. In Podstreshnyy, the claimant claimed against the defendants for rent received and said to be held on trust for the
READ MORE
Joseph Hage Aaronson LLP contributes UK chapter to the Chambers & Partners Tax Controversy Guide 2019
Joseph Hage Aaronson LLP’s (JHA’s) contentious tax team has contributed to the recently released Chambers & Partners Tax Controversy guide 2019. This publication provides expert legal commentary on key issues for businesses and covers the important developments in the most significant jurisdictions worldwide.   JHA’s contentious tax team uniquely brings together in one firm specialist
READ MORE
The growing popularity of Arbitration in the banking and finance sector and why this trend will continue
Last month the London Court of International Arbitration (LCIA) released its 2018 annual casework report. This showed a notable increase in the proportion of cases relating to banking and finance: up by 5%, from 24% to 29%.  Although this can partly be attributed to the continuing growth in the popularity of arbitration, there are other
READ MORE
Deferred Prosecution Agreements are here to stay
Author :
In a recent interview, the Director of the Serious Fraud Office (SFO), Lisa Osofsky, has given her support to the continued use of Deferred Prosecution Agreements (DPAs) as an effective tool in the fight against economic crime. DPAs, which are essentially American-style corporate plea bargains, came into use in the UK in 2015.  They allow
READ MORE
HMRC launches first Criminal Investigations under the new ‘Failure to Prevent’ Offence
Author :
A recent freedom of information request has revealed that HMRC is currently investigating several cases under the corporate criminal offence of failure to prevent the facilitation of UK tax evasion.   This corporate criminal offence, which was introduced in the Criminal Finances Act (CFA) 2017, places a positive obligation on companies to implement procedures to
READ MORE
UK Treasury Committee recommends an overhaul of the Anti-Money Laundering and Anti-Financial Crime Regime
Author :
A recent Treasury Committee report contained its recommendations on both the anti-money laundering (AML) and sanctions regime. This almost yearlong enquiry, the first part of a two part review of economic crime in the UK, proposes that the Government should undertake a far-reaching overhaul of the legislation and systems currently in place. This is not
READ MORE