The Weekly Law Reports
[2017] 2 WLR 1200
Supreme Court
Investment Trust Companies
v
Revenue and Customs Commissioners
[2017] UKSC 29
2016 May 17,
18,
19;
2017 April 11
Lord Neuberger of Abbotsbury PSC, Lord Mance, Lord Reed, Lord Carnwath, Lord Hodge JJSC
Restitution— Unjust enrichment— Money paid under mistake of law— Claimants paying VAT to suppliers of services— VAT subsequently found not to have been payable— Suppliers reclaiming VAT from revenue under statutory procedure and remitting moneys to claimants— Moneys refunded by revenue limited to amount paid by suppliers to revenue, net of input tax— Claimants bringing restitutionary claims against revenue for balance— Extent of revenue’s enrichment— Whether revenue enriched at claimants’ expense— Whether statutory scheme protecting revenue from common law claims— Whether scheme compatible with European Union law— Value Added Tax Act 1994 (c 23), s 80 (as amended by Finance Act 1997 (c 16), s 46 and Finance (No 2) Act 2005 (c 22), s 3)