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03 January 2008
Issue: 7302 / Categories: Legal News , Tax , Procedure & practice , Commercial
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Teacake tales

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Taxation

UK tax authorities breached EU law when they refused to refund £3.5m of VAT paid incorrectly by Marks & Spencer (M&S) over 20 years, according to a preliminary opinion from advocate general Juliane Kokott. Marks & Spencer plc v Revenue and Custom Commissioners concerned the legality of the UK’s three-year limitation period for recovering incorrectly paid VAT. A final judgment is expected from the European Court of Justice this year, and if it follows the opinion, says Andrew Loan, assistant solicitor at Macfarlanes, it could open the floodgates to claims for repayment of VAT incorrectly paid between 1973 and 2005.

Issue: 7302 / Categories: Legal News , Tax , Procedure & practice , Commercial
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MOVERS & SHAKERS

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NEWS
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Pro Bono Week marks silver jubilee
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
NLJ this week: Pro bono’s silver lining
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
NLJ this week: Wrong expert, costly exit
Choosing the wrong expert can cost a clinical negligence claimant more than their case
NLJ this week: Time for judges to break their silence?
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
NLJ this week: Discounted damages, different costs
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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