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26 January 2012
Issue: 7498 / Categories: Case law , Law digest , In Court
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Value added tax

Simpson & Marwick v Revenue and Customs Commissioners [2011] UKUT 498 (TCC), [2012] All ER (D) 93 (Jan)

 

The purpose of s 36 of the Value Added Tax Act 1994 was to permit the refunding of VAT in respect of bad debts, to ensure that the taxpayer who collected the VAT on behalf of the revenue was not left out of pocket by a failure to obtain payment from his customer. That purpose required that the whole of the VAT that had not been recovered from the customer should be refunded; otherwise the taxpayer was out of pocket. Section 36, reading the first three subsections together, permitted a refund of the amount of VAT chargeable by reference to an amount equal to the amount of the consideration so written off. The amount written off was, demonstrably, all VAT. The compound preposition “by reference to” indicated that, in determining the amount of the refund, reference had to be had to the consideration that was written off. If that amount was only VAT, that fact had to be taken
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MOVERS & SHAKERS

Birketts—Nathan Evans

Birketts—Nathan Evans

Commercial and technology team in Cambridge strengthened by partner hire

Andrew & Andrew Solicitors—Shikha Datta

Andrew & Andrew Solicitors—Shikha Datta

Hampshire firm appoints head of new family department

Latham & Watkins—Sarah Lightdale

Latham & Watkins—Sarah Lightdale

Firm strengthens securities practice with partner return

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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