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Value added tax

04 October 2012
Issue: 7532 / Categories: Case law , Law digest , In Court
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MacMahon v Revenue and Customs Commissioners [2012] UKUT 106 (TCC), [2012] All ER (D) 107 (Sep)

According to Art 28c(A) of the Sixth VAT Directive (EEC) 77/388, it was for the member states to lay down the conditions for the application of the exemption of intra-Community supplies of goods. It was important to note that in the exercise of their powers the member states should comply with the principles of legal certainty and proportionality. It would have been contrary to the principles of legal certainty if a member state, which had laid down conditions for the application of the exemption of intra-Community supplies, and which had accepted the documents presented by a supplier, could subsequently require that supplier to account for VAT on that supply, where it had transpired that because of the purchaser’s fraud, of which the supplier could have had no knowledge, the goods concerned did not actually leave the territory of the member state of supply.

Issue: 7532 / Categories: Case law , Law digest , In Court
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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

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In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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