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12 June 2015
Issue: 7656 / Categories: Case law , Law digest , In Court
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EU

Littlewoods Retail Ltd and others v Revenue and Customs Commissioners [2015] EWCA Civ 515, [2015] All ER (D) 225 (May)

The claimants had been successful in their proceedings to recover in restitution the time value of the overpaid VAT. The defendant Revenue and Customs Commissioners appealed against the judges’ findings on liability and quantum. The Court of Appeal, Civil Division, in dismissing the appeal, held that the claimants’ restitutionary claims were excluded by ss 78 and 80 of the Value Added Tax Act 1994, which accordingly fell to be disapplied. Further, as the Revenue should not be treated as an involuntary recipient of overpayments, the benefit to the government from the overpayment of tax was correctly measured by the objective use value.

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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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