The Law Reports (Queen's Bench Division)
[2006] QB 37
Court of Appeal
Sempra Metals Ltd (formerly Metallgesellschaft Ltd) v Inland Revenue Commissioners and another
[2005] EWCA Civ 389
2005 Jan 25,
26,
27;
April 12
April 12
Chadwick, Laws and Jonathan Parker LJJ
Restitution
— Quasi-contract
— Money had and received
— Recovery of interest
— Dividends paid by UK subsidiary to non-resident parent subjected to premature tax liability
— Decision of European court that payments unlawful for restricting freedom of establishment
— National court's computation of compensation for interest accruing during premature payment period
— Whether simple or compound interest payable
—
EC Treaty
, art 52 (art 43 EC)