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VAT Appeal Updates - January 2015

www.gov.uk/government/publications/vat-appeal-updates

Cases included on this list are cases where:

  • HMRC has lost at the First-tier Tribunal and which we consider could have a wider impact or has lost in the Upper Tribunal or higher courts; and
  • HMRC has taken a decision about whether to appeal the loss.

Cases where HMRC has partly lost will also be included if they meet the above criteria.

The list includes details of cases where a decision has been handed down since 1 January 2010. It will be updated on a monthly basis and details of finalised cases will be retained for six months.

Title of Case(inc UKFTT ref) Tribunal/Court Decision(inc date of decision) Current Status
Paul Newey (t/a Ocean Finance) C-653/11 CJEU 20 June 2013 After CJEU issued guidance on 20 June 2013, Upper Tribunal hearing 4-5 November 2014. Decision awaited
GMAC UK plc v HMRC FTC/52/2010 & FTC/05/2012 Upper Tribunal 03 August 2012 On 5 January 2015 the UT affirmed its 2012 preliminary decision and gave HMRC until 2 February 2015 to seek its permission to appeal. On 11 December 2014 the Supreme Court refused an application from British Telecommunications plc for permission to appeal the Court of Appeal’s decision of 11 April 2014
DCM (Optical Holdings) Ltd FTC/86/2010 Upper Tribunal   Upper Tribunal allowed HMRC's appeal by consent
David Finnamore t/a Hanbridge Storage Services [2014] UKUT 336 (TC) FTC/47/2011 Upper Tribunal 17 July 2014 Upper Tribunal allowed HMRC's appeal
The Bridport & West Dorset Golf Club Ltd [2011] UKFTT 354 (TC) TC01214 CJEU 19 December 2013 Revenue and Customs Brief 25/14 issued 25 June 2014. First-tier Tribunal directions hearing on 22 January 2015 for Bridport follower cases, in connection with unjust enrichment
Lok’nStore Group plc [2014] UKUT 208 (TCC) FTC/05/2013 Upper Tribunal 23 June 2014 HMRC decided not to appeal. Revenue & Customs Brief published 10 October 2014
Colaingrove Ltd (Removable Contents - definition) [2014] UKUT 0132 (TCC) FTC/20/2013 Upper Tribunal 21 March 2014 Appeal allowed in part. The Court of Appeal has granted Colaingrove permission to appeal
Colaingrove Ltd (Removable contents - apportionment) [2013] UKFTT 295 (TC) TC02701 First-tier Tribunal 11 January 2013 HMRC is applying to Upper Tribunal for permission to appeal
Colaingrove Ltd (Fuel) [2013] UK FTT 116(TC) TC02534 First-tier Tribunal 29 January 2013 Upper Tribunal hearing 18-19 June 2014. Decision awaited
Colaingrove Ltd (Verandahs) [2013] UKFTT 343 (TC) TC02746 Upper Tribunal 12 June 2013 Upper Tribunal hearing 10-11 November 2014. Decision awaited
Longridge on the Thames [2014] UKUT 504 (TCC) FTC/52/2013 Upper Tribunal 13 November 2014 Upper Tribunal found for Longridge. HMRC has been granted permission to appeal to the Court of Appeal
The "Spotting the Ball" Partnership & Others [2014] UKUT 0398 (TCC) FTC/69/2013 Upper Tribunal 16 September 2014 Upper Tribunal allowed HMRC's appeal. "Spotting the Ball" Partnership & Others have been granted permission to appeal to the Court of Appeal
Brockenhurst College [2014] UKUT 46 TCC FTC/36/2013 Upper Tribunal 30 January 2014 HMRC has been granted permission to appeal to the Court of Appeal
British Film Institute [2014] UKUT 370 (TCC) FTC/44/2013 Upper Tribunal 12 August 2014 HMRC is seeking leave to appeal to the Court of Appeal
Investment Trust Companies [2013] EWHC 665 (Ch) High Court 26 March 2013 Revenue & Customs Brief 15/13 published 10 July 2013. Court Of Appeal hearing 20-21 October 2014. Decision awaited
University of Huddersfield Higher Education Corporation [2014] UKUT 438 (TCC) FTC/80/2013 Upper Tribunal 02 October 2014 Upper Tribunal allowed HMRC's appeal
National Exhibition Centre [2013] UKFTT 289 (TC) TC02695 First-tier Tribunal 07 May 2013 Upper Tribunal hearing 7 November 2014. UT granted reference to the CJEU
Pendragon plc & Others [2013] EWCA Civ 868 Court of Appeal 23 July 2013 HMRC is appealing the decision. Supreme Court hearing listed for 11-12 March 2015
Davis & Dann Ltd and Precis (1080) Ltd FTC/29/2012 [2013] UKUT 374 (TCC) Upper Tribunal 06 August 2013 Court of Appeal hearing listed for 5 March 2015
DPAS Ltd [2013] UKFTT 676 (TC) TC03058 First-tier Tribunal 22 November 2013 HMRC is appealing the decision. Upper Tribunal hearing listed for 6-7 May 2015
Royal College of Paediatrics and Child Healthcare & Coleridge Ltd [2013] UKFTT 202 (TC) TC02617 First-tier Tribunal 27 March 2013 Upper Tribunal hearing 8-9 December 2014. Decision awaited
CCA Distribution Ltd [2013] UKFTT 253 (TC) TC02667 Upper Tribunal 22 April 2013 HMRC has permission to appeal 4 of its 8 grounds of appeal. Upper Tribunal listed for 29 June - 1 July 2015
The Open University [2013] UKFTT 326 (TC) TC02729 First-tier Tribunal 03 June 2013 Upper Tribunal hearing 18-19 November 2014. Decision awaited
The Chancellor, Masters & Scholars of The University of Cambridge [2013] UKFTT 444 First-tier Tribunal 19 August 2013 HMRC is appealing the decision. Upper Tribunal hearing listed for 17 March 2015
Wakefield College [2013] UKFTT 731 (TC) TC03108 First-tier Tribunal 06 December 2013 HMRC is appealing the decision. Upper Tribunal hearing listed for 27-28 July 2015
Associated Newspapers Ltd [2014] UKFTT 116 (TC) TC03256 First-tier Tribunal 24 January 2014 HMRC is appealing the decision. Upper Tribunal hearing listed for 5-7 October 2015
Finmeccanica Group Services Spa [2014] UK FTT 244 (TC) TC03364 First-tier Tribunal 27 February 2014 HMRC is appealing the decision. Upper Tribunal hearing listed for 3 June 2015
Littlewoods Retail Ltd and others [2014] EWHC 868 (Ch) High Court 28 March 2014 HMRC granted leave to appeal to Court of Appeal. Hearing listed for w/c 23 March 2015. Revenue and Customs Brief 20/14 published 6 May 2014
MG Rover Group Ltd [2014] UKFTT 327 (TC) TC03461 First-tier Tribunal 31 March 2014 HMRC is appealing the decision. Case management hearing in Upper Tribunal on 15 January 2015 in relation to this appeal & Standard Chartered and Lloyds Banking Group (both HMRC wins)
Mercedes-Benz Financial Services UK Ltd [2014] UKUT 200 (TCC) FTC/13/2013 Upper Tribunal 02 May 2014 HMRC has been granted permission to appeal to the Court of Appeal
Iveco Ltd [2014] UKFTT 451 (TC) TC03578 First-tier Tribunal 06 December 2013 & 13 May 2014 HMRC has been granted leave to appeal to the Upper Tribunal. Hearing listed for 24-25 November 2015
South African Tourist Board [2014] UKUT 280 (TCC) FTC/46/2013 Upper Tribunal 25 June 2014 Appeal allowed in part. The UT found in favour of HMRC that the SATB's main funding did not constitute consideration for a taxable supply. On the facts the UT also found that in addition to its main activities the SATB did make some taxable supplies. HMRC does not intend to appeal this finding
Lees of Scotland Ltd & Thomas Tunnock Ltd [2014] UKFTT 630 (TC) TC03754 First-tier Tribunal 25 June 2014 HMRC decided not to appeal. Revenue & Customs Brief published 13 October 2014
Vodafone Group Services Ltd [2014] UKFTT 701 (TC) LON/2007/0152 3 First-tier Tribunal 21 July 2014 HMRC is seeking leave to appeal to Upper Tribunal

This listing is for information only and not intended to be a comprehensive analysis of the case. HMRC cannot accept any responsibility for any action or inaction as a result of referring to it.

LAST UPDATED
19 January 2015


HMRC Information, 21/01/2015
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