Re Spanish Prospecting Company

JurisdictionEngland & Wales
Date1911
Year1911
CourtCourt of Appeal
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80 cases
  • Qbe Insurance Group Ltd v Asc
    • Australia
    • Federal Court
    • Invalid date
  • Meagher v Meagher and Other
    • Ireland
    • Supreme Court
    • 1 January 1962
    ...partner's personal representatives are entitled to an appropriate share thereof. In re Spanish Prospecting Goldmining Co. Ltd.ELR[1911] 1 Ch. 92 approved. Held further that if the personal representative of a deceased partner chooses under s. 42 of the Partnership Act, 1890, to accept inter......
  • First Nationwide v HM Revenue and Customs
    • United Kingdom
    • Upper Tribunal (Tax and Chancery Chamber)
    • 18 April 2011
    ...Ltd WLRTAX[1963] 1 WLR 555; 41 TC 1 Singh v Board of Inland Revenue TAXWLR[2000] BTC 116; [2000] 1 WLR 1421 Spanish Prospecting Co, Re ELR[1911] 1 Ch 92 Turcan, Re ELR(1889) LR 40 Ch D 5 Verner v General and Commercial Investment Trust ELR[1894] 2 Ch 239 VGM Holdings Ltd, Re ELR[1942] Ch 23......
  • HMRC v First Nationwide
    • United Kingdom
    • Upper Tribunal (Tax and Chancery Chamber)
    • 18 April 2011
    ...They are: Re Hoare & Co Ltd and Reduced [1904] 2 Ch 208, Re Bates [1928] Ch 682, Hill v Permanent Trustee, Re Spanish Prospecting Company [1911] 1 Ch 92, Re Duff’s Settlement, Drown v GaumontBritish Picture Corporation Ltd [1937] 2 All ER 609, and Quayle Munro Ltd [1992] SC 24 some of which......
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1 firm's commentaries
  • In Time For Thanksgiving: The Court Of Final Appeal Awards Nice Cheer To The Taxpayer
    • Hong Kong
    • Mondaq Hong Kong
    • 26 November 2013
    ...that were never actually realised, may be eligible for a refund due to the decision of the CFA. Footnotes 1 Re Spanish Prospecting Co Ltd [1911] 1 Ch 92, English Court of 2 In Commissioner of Inland Revenue v. Secan Ltd (2000) 3 HKCFAR 411. Learn more about our Hong Kong office, Litigation ......
2 books & journal articles
  • Profit and loss : caput 3
    • South Africa
    • Sabinet Transactions of the Centre for Business Law No. 2010-45, January 2010
    • 1 January 2010
    ...73. 91 De Wet and Yeats 338 and 395-6.92 Lindley 80-81; cf. the well-known dictum of Fletcher Moulton LJ in Re Spanish Prospecting Co Ltd (1911) 1 Ch 92 at 98-99: “‘Prof‌it’ implies a comparison between the state of business at two specif‌ic dates, usually separated by an interval of a year......
  • GOODWILL IN BUSINESS
    • Nigeria
    • DSC Publications Online Sasegbon’s Judicial Dictionary of Nigerian Law. First edition Final Sections Volume 4
    • 6 February 2019
    ...he deals, and are not attached by custom to any other establishment." Fletcher Moulton, L.J., in In re Spanish Prospecting Co. Ltd. (1911) 1 Ch. 92 at 105 said: - "The capital value of goodwill is an alternative to profits, not part of them. It is the price at which a person renounces his r......

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