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11 April 2014 / Adam Craggs
Issue: 7602 / Categories: Features , Commercial
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The empire strikes back

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 It’s Groundhog Day for HMRC as the ECJ again makes its presence felt, says Adam Craggs

There are two common law restitutionary remedies applicable in relation to tax payments:

  • First, Woolwich claims for restitution of tax unlawfully demanded or levied (see Woolwich Equitable Building Society v Inland Revenue Commissioners [1993] AC 70, [1991] 4 All ER 577). Section 5 of the Limitation Act 1980 (LA 1980) provides that the time limit for making such a claim is six years from the date of the payment in question.
  • Second, Deutsche Morgan Grenfell (DMG) claims for restitution of tax paid under mistake of law (see Deutsche Morgan Grenfell Group plc v IRC [2007] AC 558, [2006] All ER (D) 298 (Oct)). The House of Lords held in Kleinwort Benson Limited v Lincoln City Council [1999] 2 AC 349, [1998] 4 All ER 513 that claims could be made for restitution of payments made under mistake of law. It was not clear whether that decision applied in the tax context. The House of Lords subsequently
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MOVERS & SHAKERS

Fieldfisher—Will Sharp

Fieldfisher—Will Sharp

Fieldfisher boosts structured finance practice with appointment of Will Sharp

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke grows its life sciences team with new partner hires

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal expands corporate team with twonew appointments

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
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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