Slaughters and Rabinowitz in key Lords tax win
Slaughter and May has advised on a landmark tax ruling that will see hundreds of businesses receive millions in compensation from the UK Revenue & Customs (HMRC). The firm secured victory yesterday (18 July) after a 12-year battle when the Lords ruled that companies wrongly charged advance corporation tax (ACT) should be able to recover interest on the sum on a compound interest rate rather than a lower flat rate.
July 19, 2007 at 09:38 AM
2 minute read
Slaughter and May has advised on a landmark tax ruling that will see hundreds of businesses receive millions in compensation from the UK Revenue & Customs (HMRC).
The firm secured victory yesterday (18 July) after a 12-year battle when the Lords ruled that companies wrongly charged advance corporation tax (ACT) should be able to recover interest on the sum on a compound interest rate rather than a lower flat rate.
Slaughters dispute resolution partner Sarah Lee led the team advising test claimant Sempra Metals, with One Essex Court's Laurence Rabinowitz QC instructed as counsel.
The dispute, which has wide implications for recovering costs in commercial litigation, is one of the most closely-watched tax cases of recent years.
Lee commented: "The Lords has acknowledged the very unsatisfactory state of English law on interest, which to date has failed to recognise that interest payments in the real world are always calculated on a compound basis. This is undoubtedly a landmark judgment of wide application."
The Lords ruled that test claimant Sempra will be entitled to claim compound interests on payment of ACT between 1974 and 1998.
The decision is encouraging for hundreds of companies facing the same issues grouped together in the ACT Group Litigation Order.
HMRC, which used in-house solicitors, instructed Rabinowitz's One Essex Court colleague Ian Glick QC.
Commenting on the case, Reynolds Porter Chamberlain tax litigation partner, Mark Whitehouse said: "Clearly this is a victory for tax-payers but they have won in a way that will give a lot of comfort to HMRC."
He added: "The House of Lords wanted to look quite carefully at how to calculate HMRC's gain, limiting the interest rate to the Government's borrowing rate. It could take a while before we know how much taxpayers can expect to get back."
The case underlines the reputation of Slaughters' contentious practice, which has handled a string of high-profile business disputes in recent years despite being smaller than many City rivals.
Notably, Lee also led Slaughters' team on the MAN vs Freightliner litigation, which in 2005 saw the magic circle law firm help to secure one of the largest pay-outs ever from UK court.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllBaker McKenzie, Norton Rose & Other Top Litigators Foresee Rise in AI, Data & ESG Disputes
Freshfields Takes on Syria's Brutal Legacy, But Will Victims Ever See Compensation?
5 minute readECJ Ruling Upholds German Ban on Pure Private Equity Investment in Law Firms
4 minute readCanadian Appeal Court Rules Thumbs-Up Emoji Can Constitute a Contract Agreement
3 minute readTrending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250