- Cited — Alexander Gorbachev v Andrey Grigoryevich Guriev 2022-09-30
“…ttorney-General for Alberta v Huggard Assets Limited [1953] AC 420, 441, per Lord Asquith of Bishopstone for the Privy Council; Clark v Oceanic Contractors Inc [1983] 2 AC 130, 145, per Lord Scarman; Al Sabah v Grupo Torras SA [2005] UKPC 1, [2005] 2 AC 333, para 13, per Lord Walker of Gestingthorpe for the Privy Council; Lawson v Se…”
- Cited — Alexander Gorbachev v Andrey Grigoryevich Guriev 2022-09-30
“…tractors International (UK) Ltd (No. 4) [2008] UKHL 43, [2010] 1 AC 90 at [10]. This phrase originated with Lord Wilberforce in Clark v Oceanic Contractors Inc [1983] 2 AC 130 at page 152C and has often been cited in other cases. Mr Justice Jacobs said that there is nothing in section 34 of the SCA which expressly or impliedly provid…”
- Cited — Alexander Gorbachev v Andrey Grigoryevich Guriev 2022-09-30
“…do not fall within ‘the legislative grasp, or intendment,’ of Parliament's legislation, to use Lord Wilberforce's expression in Clark v Oceanic Contractors Inc [1983] 2 AC 130, 152C-D. In Ex p Blain (1879) 12 Ch D 522 the question was whether the court had jurisdiction, by virtue of the Bankruptcy Act 1869, to make an adjudication of…”
- Cited — Alexander Gorbachev v Andrey Grigoryevich Guriev 2022-09-30
“…er persons resident abroad. After citing statements of the principle of territoriality in Ex parte Blain (1879) 12 Ch D 522 and Clark v Oceanic Contractors Inc [1983] 2 AC 130 Lord Justice Dillon (with whom Sir Nicolas Browne-Wilkinson V-C and Lord Justice Lloyd agreed) continued at page 158:…”
- Cited — Stephen Hoey & Ors. v Commissioners for HMRC 2022-05-13
“…mply note at this stage that the features that led the House of Lords to hold that the taxpayer company in Clark (Inspector of Taxes) v Oceanic Contractors Inc [1983] 2 AC 130 had a UK presence are absent: the Claimants have not said that the offshore Employers themselves had a UK office or postal address and there is no evidence of …”
- Cited — Turani & Anor v Secretary of State for the Home Department 2021-03-15
“…o be legislating. Who, it is to be asked, is within the legislative grasp, or intendment, of the statute under consideration?”: Clark v Oceanic Contractors Ltd [1983] 2 AC 130, (Lord Wilberforce at [152]) (affirmed in Lawson at [6]).…”
- Cited — Turani & Anor v Secretary of State for the Home Department 2021-03-15
“…[1983] 2 AC 130,…”
- Cited — Roberts v The Soldiers, Sailors, Airmen And Families Association - Forces Help & Anor (Rev 1) 2020-07-17
“…In Cox at [27], Lord Sumption cited Lord Scarman’s observation in Clark v Oceanic Contractors Inc [1983] 2 AC 130 at 145 that “unless the contrary is expressly enacted or so plainly implied that the courts must give effect to it”, statutes do not have extraterritorial effe…”
- Cited — Foreign and Commonwealth Office & Ors v Bamieh 2019-05-09
“…iple, however, the question is always one of the construction of the construction of section 94(1). As Lord Wilberforce said in Clark v Oceanic Contractors Inc [1983] 2 AC 130, 152, it…”
- Cited — Jimenez, R. (On the Application of) v The First Tier Tribunal (Tax Chamber) 2019-01-31
“…pretation can be derived from the language of the statute and its purpose. This point was made by Lord Scarman in his speech in Clark v Oceanic Contractors Inc [1983] 2 AC 130 which concerned the liability of a non-resident company for PAYE deductions from the salaries paid to employees working on oil pipelines in the North Sea. Unde…”
- Cited — Jimenez, R. (On the Application of) v The First Tier Tribunal (Tax Chamber) 2019-01-31
“…le has evolved into a question of interpreting the particular statute (Clark (Inspector of Taxes) v Oceanic Contractors Inc [1983] 1 All ER 133 at 139 and 144, [1983] 2 AC 130 at 145 (Lord Scarman), 152 (Lord Wilberforce); Masri v Consolidated Contractors International (UK) Ltd (No 4) [2009] UKHL 43, [2010] 1 All ER (Comm) 220, [2010…”