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11 April 2014 / Adam Craggs
Issue: 7602 / Categories: Features , Commercial
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The empire strikes back

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 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
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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