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12 June 2015
Issue: 7656 / Categories: Case law , Law digest , In Court
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EU

Littlewoods Retail Ltd and others v Revenue and Customs Commissioners [2015] EWCA Civ 515, [2015] All ER (D) 225 (May)

The claimants had been successful in their proceedings to recover in restitution the time value of the overpaid VAT. The defendant Revenue and Customs Commissioners appealed against the judges’ findings on liability and quantum. The Court of Appeal, Civil Division, in dismissing the appeal, held that the claimants’ restitutionary claims were excluded by ss 78 and 80 of the Value Added Tax Act 1994, which accordingly fell to be disapplied. Further, as the Revenue should not be treated as an involuntary recipient of overpayments, the benefit to the government from the overpayment of tax was correctly measured by the objective use value.

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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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