Tinkler v Commissioners for HM Revenue and Customs

JurisdictionEngland & Wales
CourtSupreme Court
Judgment Date30 July 2021
Neutral Citation[2021] UKSC 39
Year2021

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88 cases
  • Vitol SA v Genser Energy Ghana Ltd
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 22 July 2022
    ...the Service Issue. 83 The ingredients for an estoppel by convention have been recently restated by the Supreme Court in Tinkler v HMRC [2021] 3 WLR 697 at [42] to [53]. First, there must be a common assumption of fact or law (made clear by words or conduct that have “crossed the line”). Se......
  • Riad Tawfiq AL Sadik v Clyde & Company LLP
    • United Kingdom
    • King's Bench Division (Commercial Court)
    • 12 April 2024
    ...He also summarised the ingredients for an estoppel which were recently outlined by the Supreme Court in Tinkler v Commissioners for Her Majesty's Revenue and Customs [2021] UKSC 39, which summary I agree with and adopt: 248.1. The common assumption upon which the estoppel is based must be e......
  • Geoquip Marine Operations AG v Tower Resources Cameroon SA
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 16 March 2022
    ...to the assumption”. 120 This statement of principle, as amended, was approved by the Supreme Court in Tinkler v Commissioners for Her Majesty's Revenue and Customs [2021] UKSC 39, where Lord Burrows said at para. 51–53: “ 51. It may be helpful if I explain in my own words the important idea......
  • Eteboxagu AB v Cycle Pharmaceuticals Ltd
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 6 March 2023
    ...EWHC 1310 (Ch.); [2010] 1 All ER 174 at [52] as approved with one qualification by Lord Burrows JSC in Tinkler v HMRC, [2021] UKSC 39; [2022] AC 886 at [45] and [49]: i) There must be an assumption of fact or law which is made by both parties; ii) It is not sufficient that the assumption ......
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3 books & journal articles
  • Table of cases
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • 18 November 2023
    ...2021 ONSC 952 ......................................................................... 614 Tinkler v Revenue and Customs Commissioners, [2021] UKSC 39 ........................................................................... 439, 448, 452 Titan Sports Inc v Mansion House (Toronto) Ltd, [......
  • Specific Performance: Discretionary Defences and Considerations that Affect Discretion
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • 18 November 2023
    ...Texas Commerce International Bank Ltd , [1982] 1 QB 84 (CA) at 122 [ Amalgamated ]. Note in Tinkler v Revenue and Customs Commissioners , [2021] UKSC 39 [ Tinkler ], that the UK Supreme Court described all estoppels as equitable despite their historical roots. 22 Greenwood v Martins Bank Lt......
  • The Possibility of Lawful Act Economic Duress:  Pakistan International Airlines Corp v Times Travel (UK) Ltd
    • United Kingdom
    • Wiley The Modern Law Review No. 86-1, January 2023
    • 1 January 2023
    ...why a lawful threat might be ‘illegitimate’: see‘Coercion in Contract: The Theoretical Constructs of Duress’(1996) 46 UTLJ 201, 217.55 [2021] UKSC 39 at [28].246 © 2022 The Author s. The Modern Law Review published by John Wiley & Sons Ltd on behalf of Modern Law Review Limited.(2023) 86(1)......