“…a final judicial decision. The test established by FII 2020 was conveniently summarised by Sir Geoffrey Vos MR in Gemalto Holding BV v Infineon Technologies AG [2022] EWCA Civ 782, [2023] Ch 169 at [43] as follows:…”
“…oup Litigation v HMRC [2022] AC 1, recently applied in the context of section 32(1)(b) by the Court of Appeal in Gemalto Holdings BV v Infineon Technologies AG [2022] EWCA Civ 782. See in particular the FII decision at [199] to [202]. The correctness of the approach is also supported by an authority that Mr Saifee did rely on, Barnstaple…”
“…rises”: see at [193], where they also say that there is no difference of substance between these formulations. In Gemalto Holding BV v Infineon Technologies AG [2022] EWCA Civ 782 (“Gemalto”) this test was referred to as “the FII test”.…”