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16 June 2011 / Nathan Simmons
Issue: 7470 / Categories: Features , Commercial
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Not so distant relatives

How far does Prunus clarify the rights of overseas countries & territories, asks Nathan Simmons

The issue of whether individuals in overseas countries and territories (OCTs) have the same rights as those of their member state “parents” has again raised its head in Prunus. The OCTs are 22 dependent territories which have a special relationship with one of the EU member states. Several of the OCTs have favourable tax regimes, and are frequently used by companies as a corporate base – the British Virgin Isles (which was the subject of Prunus), the Dutch Antilles and the Cayman Islands are all OCTs with favourable tax regimes.

The legal issue which arose in Prunus is whether a company which has its corporate parent in the British Virgin Isles (BVI) is eligible to claim an exemption from French tax as if the parent was located within a member state of the EU. This question has broader-reaching implications, since the classification of the OCTs as being an extension of their parent member states would mean individuals in every

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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