header-logo header-logo

08 March 2012
Issue: 7504 / Categories: Legal News
printer mail-detail

VAT victory

The High Court has ruled in favour of the taxpayer in a dispute over remedies where VAT has been unlawfully charged. Under UK law, only partial refunds can be made where EU law on tax is breached.

This case, Investment Trust Companies v HMRC [2012] EWHC 458 (Ch), looked at whether the EU principles of reimbursement could be applied in the UK. The court held that English common law claims were time barred by the VAT Act but that claims founded in EU law did lie against HMRC.

The case follows that of JP Morgan Claverhouse plc v HMRC: C-363/05, where investment management fees for investment trust companies were held to be exempt from VAT. Stephen Coleclough, tax partner at PwC, said: “The claimants were seeking to recover VAT which they had borne and which the UK did not allow to be recovered, in clear breach of EU law.”

Issue: 7504 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll