- Considered — David McClean & Ors. v Andrew Thornhill KC 2023-04-28
“…Ps were carrying on a trade on a commercial basis with a view to profit was based on the approach in Ensign Tankers (Leasing) Ltd v Stokes (Inspector of Taxes) [1992] 1 AC 655, [1992] 2 WLR 469 (“Ensign Tankers”), which had established that making and exploiting a film was inherently a trading activity. The judge considered the autho…”
- Cited — David McClean & Ors. v Andrew Thornhill KC 2023-04-28
“… approach, Mr Thornhill contends, was mandated by the most recent authority from the House of Lords, Ensign Tankers (Leasing) Ltd v Stokes (Inspector of Taxes) [1992] 1 AC 655. I will refer to it as the "Ensign approach".”…”
- Cited — London Luton Hotel BPRA Property Fund LLP v The Commissioners for HMRC 2023-04-04
“…Ensign Tankers (Leasing) Ltd v Stokes (Inspector of Taxes) [1992] 1 AC 655, [1992] STC 226.…”
- Considered — Khan v Revenue & Customs (Rev 1) 2021-04-30
“…bution to the vendor shareholders simply because Mr Khan got something extra out of the transaction. In this regard, Mr Sykes relied on Ensign Tankers v Stokes [1992] 1 AC 655 to illustrate that there was no conceptual difficulty with considering the composite aspects of a transaction which amount to a tax avoidance scheme separately…”
- Considered — The Brain Disorders Research Ltd Partnership v Revenue And Customs 2018-10-31
“…sions should be construed as operating in respect of composite or connected transactions forming part of a tax scheme. In Ensign Tankers (Leasing) Ltd v Stokes [1992] 1 AC 655 the House of Lords considered a claim to capital allowances made in respect of a film scheme. The taxpayer company had entered into a partnership with an Ameri…”