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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

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
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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