Partner Richard Cannon comments in relation to the recent Skat cum-ex judgment, in Law360.
Richard’s comments were published in Law360, 29 April 2021, and can be found here.
“The judgment is clear that the decided cases on Dicey Rule 3 had not previously considered the case of attempts to recoup tax refunds wrongly paid by a sovereign tax authority. There has already been an indication that the decision is going to be appealed, beyond that this feels like an issue something that could end up in the Supreme Court,” said Richard Cannon at Stokoe Partnership Solicitors.
“The judgment is specifically framed on the basis that while the Court needed to delve into the substance of the claim to understand what is at its core, whether it relates to the sovereign tax position or whether it is purely a patrimonial claim, there has been no finding in relation to any of the alleged misconduct by any of the defendants,” said Cannon
13 Apr 2021