In Prudential Assurance Co Ltd v HMRC (Ch D – 24 October) a large insurance company and two associated companies took proceedings in the Ch D contending that the UK rules on the taxation of dividends were a breach of what is now article 63 of the TFEU. At an initial hearing (reported at [2011] STC 214) Henderson J expressed the provisional view that the claims fell within the scope of TMA 1970 s 33 but directed that the proceedings should be adjourned pending the ECJ decision in Test Claimants in the FII Group Litigation v HMRC (No. 2) (Case C-35/11). Following the CJEU decision in that case Henderson J held a further hearing and delivered a lengthy judgment. He held inter alia that ‘the test claimants have failed on the facts to prove their entitlement to a...
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In Prudential Assurance Co Ltd v HMRC (Ch D – 24 October) a large insurance company and two associated companies took proceedings in the Ch D contending that the UK rules on the taxation of dividends were a breach of what is now article 63 of the TFEU. At an initial hearing (reported at [2011] STC 214) Henderson J expressed the provisional view that the claims fell within the scope of TMA 1970 s 33 but directed that the proceedings should be adjourned pending the ECJ decision in Test Claimants in the FII Group Litigation v HMRC (No. 2) (Case C-35/11). Following the CJEU decision in that case Henderson J held a further hearing and delivered a lengthy judgment. He held inter alia that ‘the test claimants have failed on the facts to prove their entitlement to a...
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