header-logo header-logo

11 April 2014 / Adam Craggs
Issue: 7602 / Categories: Features , Commercial
printer mail-detail

The empire strikes back

web_craggs

 It’s Groundhog Day for HMRC as the ECJ again makes its presence felt, says Adam Craggs

There are two common law restitutionary remedies applicable in relation to tax payments:

  • First, Woolwich claims for restitution of tax unlawfully demanded or levied (see Woolwich Equitable Building Society v Inland Revenue Commissioners [1993] AC 70, [1991] 4 All ER 577). Section 5 of the Limitation Act 1980 (LA 1980) provides that the time limit for making such a claim is six years from the date of the payment in question.
  • Second, Deutsche Morgan Grenfell (DMG) claims for restitution of tax paid under mistake of law (see Deutsche Morgan Grenfell Group plc v IRC [2007] AC 558, [2006] All ER (D) 298 (Oct)). The House of Lords held in Kleinwort Benson Limited v Lincoln City Council [1999] 2 AC 349, [1998] 4 All ER 513 that claims could be made for restitution of payments made under mistake of law. It was not clear whether that decision applied in the tax context. The House of Lords subsequently confirmed in DMG that Kleinwort Benson claims could be made
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll