The Law Reports (Chancery Division)
[2016] Ch 373
Court of Appeal
Littlewoods Ltd and others v Revenue and Customs Commissioners
[2015] EWCA Civ 515
2015 March 24–
27,
30;
May 21
Arden, Patten, Floyd LJJ
Revenue— Value added tax— Refund— Claimants overpaying VAT— Revenue refunding principal sum and simple interest thereon— Restitution claims for time value of sums overpaid pursuant to unlawful exactment and mistake of law— Whether statute excluding restitution claims— Whether exclusion contrary to European Union law— Whether measure of recovery based on objective use value or actual use and benefit— Whether compound interest payable—
Value Added Tax Act 1994 (as amended by Finance Act 1996, s 197(6)(d)(ii) and Finance (No 2) Act 2005, ss 3, 4(2)), ss 78, 80