Owain Draper considers whether the existence of a broad right to compound interest is now doubtful
Jason Collins and Adam Rycroft's article 'Elephant in the room' (Tax Journal issue 985 p 8) commented on the judgment of Mr Justice Henderson in FJ Chalke and Barnes v HMRC [2009] STC 2027. It appeared at that time and to the authors of that article that the courts had at last spotted the right to recover compound interest in respect of overpayments of tax resulting from breaches of directly effective EU law.
In the light of two recent judgments of the Court of Appeal this article asks whether there still is an elephant in the room and if there is to whom it is likely to matter.
The judgment at first instance
Messrs Chalke and Barnes were hoping to cut the path for the 165...
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Owain Draper considers whether the existence of a broad right to compound interest is now doubtful
Jason Collins and Adam Rycroft's article 'Elephant in the room' (Tax Journal issue 985 p 8) commented on the judgment of Mr Justice Henderson in FJ Chalke and Barnes v HMRC [2009] STC 2027. It appeared at that time and to the authors of that article that the courts had at last spotted the right to recover compound interest in respect of overpayments of tax resulting from breaches of directly effective EU law.
In the light of two recent judgments of the Court of Appeal this article asks whether there still is an elephant in the room and if there is to whom it is likely to matter.
The judgment at first instance
Messrs Chalke and Barnes were hoping to cut the path for the 165...
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:
