header-logo header-logo

04 October 2012
Issue: 7532 / Categories: Case law , Law digest , In Court
printer mail-detail

Value added tax

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
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
back-to-top-scroll