Simon Yeo and Billal Malik consider the judgment in St Matthews (West) Ltd and others v HMRC on the legality of retroactive legislation.
As Cher sang: ‘If I could turn back time if I could find a way...’ Sadly for Cher it was not possible but HMRC dances to a different tune: the judgment in St Matthews (West) and others v HMRC [2014] EWHC 1848 (Admin) is a reminder that HMRC can turn back time with retroactive legislation.
The subject of St Matthews (West) in the High Court was an SDLT avoidance structure. There is a detailed account in the judgment of how the particular structure evolved its technical merits and its place in the struggle HMRC has faced over the years to keep up...
