Sempra Metals Ltd (formerly Metallgesellschaft Ltd) v Inland Revenue Comrs

Subject Matter

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)

[2005] EWCA Civ 389; [2006] QB 37; [2005] 3 WLR 521; [2004] STC 1178, CA

RESTITUTION — Unjust enrichment — Money had and received — Recovery of interest — Dividends paid by United Kingdom 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 43EC)

[2007] UKHL 34; [2008] AC 561; [2007] 3 WLR 354; [2008] Bus LR 49; [2007] 4 All ER 657; [2007] STC 1559, HL(E)

Appellate History

Commentary

Blackstones Civil Practice 2023
Introduction 64.1

Introduction - Interest as part of the principal award 64.5

Introduction - Statutory interest in addition to interest as damages or restitution 64.6

Statutory Interest - Payment before judgment 64.11

Interest as Part of the Principal Award - Interest as damages 64.18

Interest as Part of the Principal Award - Restitution claims 64.20

Rate of Interest - Commercial claims 64.23

Rate of Interest - Restitution claims 64.25

Compound Interest 64.27