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13 September 2007 / Tim Crosley , Michael Walsh
Issue: 7288 / Categories: Features , Tax
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Bad pennies

Tim Crosley and Michael Walsh analyse the implications of HMRC’s defeat in Sempra

“Legal rules which are not soundly based resemble proverbial bad pennies: they turn up again and again.” The bad penny to which Lord Nicholls was referring was the “negative attitude of English law to awards of compound interest on claims for debts paid late” in Sempra Metals Ltd v IRC [2007] UKHL 34, [2007] All ER (D) 294 (Jul). In a complex and lengthy judgment where all five law lords had their say, the majority refused the appeal of HM Revenue & Customs (HMRC). The origins of the claim lie in the unlawful levying of advance corporation tax (ACT) by the UK government, but the decision is undoubtably of more general significance.

BACKGROUND

The UK required UK companies paying a dividend to pay ACT to HMRC from 1973 until its abolition in 1999. As the name suggests, ACT was an advance payment of corporation tax. ACT paid could be set off against the UK company’s normal liability to pay corporation

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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