Other cases that caught our eye: 7 February 2025

Employee loan arrangements: FS Capital Ltd and others v A Adams and others [2025] EWCA Civ 53 (28 January) is yet another twist in the long saga of employee loan arrangements and their resolution. It is not a tax case as such but will be of interest to those advisers still dealing with unresolved issues. The issue here concerns a plan to transfer the loan book of various trusts (these were ERFBS rather than EBTs but that distinction makes very little difference in practice) to a body associated with the original promoters of the loan scheme for consideration equal to the liabilities of the trust. That would enable the trust to be wound up. Following the transfer the party which had acquired the benefit of the loans started to issue statutory demands for the repayment of the loans. It was the validity of those demands which was at the heart...