i-law

Lloyd's Maritime and Commercial Law Quarterly

IN DEFENCE OF SEMPRA

Alexander YS Georgiou*

Prudential Assurance v HMRC

Background

In Prudential Assurance Co v HMRC,1 their Lordships performed a stunning volte-face in the law of unjust enrichment, expressly departing from the decision in Sempra Metals Ltd v IRC,2 reached by the House of Lords only 11 years earlier. This note seeks critically to examine the reasoning underpinning that remarkable reversal.
The decision in Prudential is the latest blow in the litigation which has spawned from the “Franked Investment Income” taxation scheme. The basic facts, though somewhat technical, are by now a familiar sight. Pursuant to the Income and Corporation Taxes


Case and comment

39

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.