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29 November 2013
Issue: 7586 / Categories: Case law , Law digest , In Court
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VAT

Dixons Retail plc v Revenue and Customs Commissioners C-494/12, [2013] All ER (D) 239 (Nov)

According to settled case-law, the concept of “supply of goods” in Art 5(1) of the Sixth Directive and Art 14(1) of Directive 2006/112 did not refer to the transfer of ownership in accordance with the procedures prescribed by the applicable national law but covered any transfer of tangible property by one party which empowered the other party actually to dispose of it as if he was its owner. The Court had likewise held that that concept was objective in nature and that it applied without regard to the purpose or results of the transactions concerned and without its being necessary for the tax authorities to carry out inquiries to determine the intention of the taxable person in question or for them to take account of the intention of a trader other than that taxable person involved in the same chain of supply. It followed that transactions constituted supplies of goods within the meaning of Art 5(1) of the Sixth Directive and Art 14(1)

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
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
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