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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

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

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The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
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