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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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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
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