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08 March 2012
Issue: 7504 / Categories: Legal News
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VAT victory

The High Court has ruled in favour of the taxpayer in a dispute over remedies where VAT has been unlawfully charged. Under UK law, only partial refunds can be made where EU law on tax is breached.

This case, Investment Trust Companies v HMRC [2012] EWHC 458 (Ch), looked at whether the EU principles of reimbursement could be applied in the UK. The court held that English common law claims were time barred by the VAT Act but that claims founded in EU law did lie against HMRC.

The case follows that of JP Morgan Claverhouse plc v HMRC: C-363/05, where investment management fees for investment trust companies were held to be exempt from VAT. Stephen Coleclough, tax partner at PwC, said: “The claimants were seeking to recover VAT which they had borne and which the UK did not allow to be recovered, in clear breach of EU law.”

Issue: 7504 / Categories: Legal News
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MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
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