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Inland Revenue & Anor v Test Claimants In the Franked Investment Income Group Litigation

2014

COURT OF APPEAL (CRIMINAL DIVISION)

United Kingdom

CORAM

  • LORD JUSTICE MOORE-BICK
  • LADY JUSTICE GLOSTER

Areas of Law

  • Tax Law
  • Civil Procedure
  • Administrative Law
  • Public International Law

AI Generated Summary

The court dismissed HMRC's appeal to re-amend their defense in the FII Group Litigation. The core issue was whether HMRC could rely on Article 64(1) TFEU to deny claims for the time value of advance corporation tax (ACT) on third country foreign income dividends (FIDs). Both the High Court and Court of Appeal held that the FID regime breached Article 56 EC and wasn't protected by Article 64(1) TFEU, establishing issue estoppel, and deeming HMRC's attempt to re-litigate the issue an abuse of process.