The claimants had overpaid large sums of VAT over several years, and been, eventually, refunded, with simple interest. The claimants now said that the interest should have been compounded. The revenue contended that such a claim was excluded under European law.
Held: As a matter of statutory construction, the claims were excluded by sections 78 and 80 of the 1994 Act. The case required a reference to the ECJ. The case was adjourned to prepare to decide the form of question.
Judges:
Vos J
Citations:
[2010] EWHC 1071 (Ch), [2010] BVC 673, [2010] STC 2072, [2010] STI 1616
Links:
Statutes:
Value Added Tax Act 1994 78 80
Jurisdiction:
England and Wales
Citing:
Cited – Kleinwort Benson Ltd v Lincoln City Council etc HL 29-Jul-1998
Right of Recovery of Money Paid under Mistake
Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap . .
Cited by:
1st hearing – Littlewoods Retail Ltd and Others v Revenue and Customs ChD 4-Nov-2010
Overpayments of VAT had been repaid with interest. The claimants suggested that the interest should have been compounded. The court had decided that a reference to the ECJ was necessary. The Court now considered the form of that reference.
Lists of cited by and citing cases may be incomplete.
VAT, European
Updated: 01 October 2022; Ref: scu.415935