Duncan Sheehan, ‘Mistake of Law and Limitation Periods’

Test Claimants in the Franked Investment Income Group Litigation v HMRC [2020] UKSC 47, arose in the course of the long running Franked Investment saga. The test claimants argued that the differences between their tax treatment and that of wholly UK-resident groups of companies breached EU Treaty provisions, guaranteeing freedom of establishment and free movement of capital. They sought repayment by HMRC of the tax wrongly paid, together with interest, dating back to the UK’s entry to the EU in 1973. Large elements of these claims were therefore time-barred and this gave rise to argument over the application of section 32(1)(c) Limitation Act 1980 to claims for restitution of money paid under a mistake of law and in particular over the question of discoverability of the mistake …” (more)

Duncan Sheehan, ‘Mistake of Law and Limitation Periods’, Cambridge Law Journal, volume 80, issue 3, November 2021, pp 446-449, https://doi.org/10.1017/S0008197321000957. Published online by Cambridge University Press: 12 January.

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