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31 January 2014
Issue: 7592 / Categories: Case law , Law digest , In Court
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Value-added tax

Fonecomp Ltd v Revenue and Customs Commissioners [2013] UKUT 0599 (TCC), [2014] All ER (D) 126 (Jan)

It was settled EU law that a taxable person who knew or should have known that, by his purchase, he had been taking part in a transaction connected with fraudulent evasion of VAT should, for the purposes of the, be regarded as a participant in that fraud, irrespective of whether or not he had profited by the resale of the goods. Where it was ascertained, having regard to objective factors, that the supply was to a taxable person who knew or should have known that, by his purchase, he had been participating in a transaction connected with fraudulent evasion of VAT, it was for the national court to refuse that person entitlement to the right to deduct. 

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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