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01 August 2014
Issue: 7617 / Categories: Case law , Law digest , In Court
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VAT

Airtours Holidays Transport Ltd v Revenue and Customs Commissioners [2014] EWCA Civ 1033, [2014] All ER (D) 244 (Jul)

The appropriate test to determine whether there was a supply of services to a taxable person for the purposes of s 24(1) of the Value Added Tax Act 1994, as laid down in Customs and Excise Commissioners v Redrow [1999] 2 All ER 1, [1999] STC 161 was to ask whether something was “being done for him [the taxable person] for which, in the course or furtherance of a business carried on by him, he has had to pay a consideration which has attracted value added tax”. In the light of other authorities (Revenue and Customs Comrs v Aimia Coalition Loyalty UK Ltd [2013] UKSC 15, [2013] 2 All ER 719; WHA Ltd v Revenue and Customs [2013] UKSC 24, [2013] 2 All ER 907; and Revenue and Customs Comrs v Loyalty Management UK Ltd: C-53/09 and C-55/09 [2010] STC 2651, [2010] All ER (D) 98 (Oct)), there had been a refinement, or gloss applied, to

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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