Littlewoods v HMRC  EWCA Civ 515
The Court of Appeal has upheld Littlewoods’ claim for adequate indemnity by way of compound interest. HMRC however succeeded on Littlewoods’ appeal against Vos J’s earlier decision1 that restitution claims are excluded by sections 78 and 80 Value Added Tax Act 1994 (“VATA”). This may be relevant to other claims for compound interest where High Court proceedings have not been issued.
Lady Justice Arden DBE, who gave judgment for their lordships dealt with a series of issue. The following is a summary of each of the issues and the Court’s conclusion on each.
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The comments made in this case note are wholly personal and do not reflect the views of any other members of Monckton Chambers, its tenants or clients.