Revenue and Customs Comrs v Trustees of the Peter Clay Discretionary Trust

[2009] STC 469
[2008] EWCA Civ 1441
[2009] 2 W.L.R. 1353
[2009] 2 WLR 1353
[2009] 2 All ER 683

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(Judgment by: Lloyd LJ)

Revenue and Customs Comrs
vTrustees of the Peter Clay Discretionary Trust

Court:

Judges: Arden LJ

Lloyd LJSir John Chadwick

Legislative References:
Taxes Management Act 1970 - section 56A
Finance Act 1984 - section 127 of Schedule 22; paragraph 7 of Schedule 22
Income and Corporation Taxes Act 1988 - section 686
Finance Act 1997 - section 69 of Schedule 7; paragraph 12(1) of Schedule 7
Finance (No 2) Act 1997 - section 32(6)
Income Tax (Earnings and Pensions) Act 2003 - paragraph 100 of Schedule 6
Finance Act 1973 - section 16(2)(d)

Case References:
Jones v Bennett - [1896] 1 Ch 778
Carver v Duncan - [1985] 1 AC 1082
Carver v Duncan - [1985] AC 1082

Hearing date: 10 October 2008
Judgment date: 19 December 2008

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Judgment by:
Lloyd LJ

43. I agree that the order to be made on the appeal should be as indicated by Sir John Chadwick, for the reasons he gives.