“…Since the UT gave its Decision in the present case, this court has given judgment in GDF Suez: see [2018] EWCA Civ 2075, [2019] 1 All ER 528. In his judgment, with which Lord Kitchin and Asplin LJ agreed, Henderson LJ traced the genesis and development of the relevant provisions of the loan relation…”
“…the term ‘fairly represent’ in section 84(1)(a) was considered by this Court in GDF Suez Teeside Ltd (formerly Teesside Power Ltd) v HMRC [2018] EWCA Civ 2075, [2019] 1 All ER 528 (‘GDF Suez’). At the time the Upper Tribunal heard the appeal in this case, the hearing in GDF Suez had taken place but judgment was pending. Judgments were ha…”