Mark Agnew and David Jamieson (Baker McKenzie) consider what may happen to the exemption once the UK courts start applying their new post-Brexit powers.
The European Union (Withdrawal) Act 2018 states that the UK courts and tribunals are bound by ‘retained case law’ until the end of the transition period. Any European court judgments delivered up to 31 December 2020 will form part of the retained case law and will be accorded the status of a judgment of the UK Supreme Court. Any European Court judgments delivered after that date will not be binding on the UK courts and tribunals although they may ‘have regard’ to such judgments if they are relevant to the matter under consideration.
This is especially important in the VAT world. The CJEU has had supremacy over UK courts in VAT matters as the UK’s membership of the EU has required the UK to be...
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Mark Agnew and David Jamieson (Baker McKenzie) consider what may happen to the exemption once the UK courts start applying their new post-Brexit powers.
The European Union (Withdrawal) Act 2018 states that the UK courts and tribunals are bound by ‘retained case law’ until the end of the transition period. Any European court judgments delivered up to 31 December 2020 will form part of the retained case law and will be accorded the status of a judgment of the UK Supreme Court. Any European Court judgments delivered after that date will not be binding on the UK courts and tribunals although they may ‘have regard’ to such judgments if they are relevant to the matter under consideration.
This is especially important in the VAT world. The CJEU has had supremacy over UK courts in VAT matters as the UK’s membership of the EU has required the UK to be...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
