VAT, DUTIES AND INDIRECT TAX LAW
"This 'go-to' set offers an excellent array of counsel, who are well acquainted with the law relating to all indirect tax issues. They particularly impress with their knowledge of human rights and EU law, 'they are the leaders in the field in this area'."
Chambers & Partners UK
Monckton Chambers can lay claim to having the largest team of indirect tax law specialists at the Bar, with an unrivalled breadth of experience. Chambers routinely acts for both the taxpayer and Her Majesty's Revenue and Customs (HMRC) and one of our greatest strengths is our ability to put together the right teams for the right cases.
Members combine specialist knowledge of Value Added Tax (VAT) and other indirect taxes with extensive expertise in EU, human rights and public law, which have for many years formed the bedrock of our reputation for excellence.
VAT
Members of Monckton Chambers have represented taxpayers and HMRC in the VAT & Duties Tribunal, High Court, Court of Appeal, House of Lords and the European Court of Justice in dozens of leading cases. Members also have experience of judicial review applications, for which Chambers' acknowledged expertise in both indirection taxation and public law is invaluable.
Please click on the links below for details of some of the many landmark VAT cases in which members of Chambers have acted:
- Cases C-259/10 C-260/10 Rank v HMRC (Court of Justice of the European Union)
- Case C-103/09 Weald Leasing (European Court of Justice)
- Cases C-53/09 and 55/09 HMRC v Loyalty Management UK and Baxi Group Ltd (European Court of Justice)
- HMRC v AXA Plc (European Court of Justice)
- Mobilx Ltd (In Administration) & Others v HMRC (Court of Appeal)
- Hutchison 3G UK Ltd & Others v CEC (European Court of Justice)
- Abbey National (European Court of Justice)
- BLP (European Court of Justice)
- Card Protection Plan (European Court of Justice and House of Lords)
- Conde Nast/Fleming (House of Lords)
- Debenhams (Court of Appeal)
- Dr Beynon (House of Lords)
- Halifax and BUPA (European Court of Justice)
- Isle of Wight Council (European Court of Justice)
- JP Morgan (European Court of Justice)
- Livewire/Olympia (High Court)
- Marks and Spencer (European Court of Justice)
- Midland Bank (European Court of Justice)
- Optigen, Fulcrum and Bond House (European Court of Justice)
- Primback Ltd
- RAL Ltd (European Court of Justice)
- Tesco (Court of Appeal)
- Zielinski Baker (House of Lords)
Specific areas of expertise include:
Areas
- Assessments and penalties
- Exemptions and zero-rating
- Input tax and partial exemption
- Multiple/single supplies
- Place of supply
- Remedies, compound interest
- Special schemes
- Abusive practices
- VAT-related judicial review
- Vouchers, customer loyalty schemes
- MTIC fraud
Sectors
- Charities
- Construction
- Education
- Financial services and insurance
- Food and catering
- Health and welfare
- Transport
- Local authorities and public bodies
- Retail
- Telecommunications and e-commerce
- Land and property
INDIRECT TAXES
Members have acted in a wide range of other indirect tax cases such as:
- Customs duties and related matters such as tariff classification, preferential customs treatments, inward/outward processing, community transit, tariff quota and all other customs procedures
- Anti-dumping duty
- Excise duties on alcoholic liquor, tobacco, hydrocarbon oil and related matters such as production, processing, holding, movement of excise goods; approval and registration of traders, warehousekeepers and tax warehouses
- Insurance premium tax
- Landfill tax
- Climate change levy
- Aggregates levy
- Betting levies and
- Stamp duty
12/6/2013 Radio 4 discussion on Spying and Surveillance
6/6/2013 ECJ follows Abdulrahim in Ayadi
6/6/2013 John Swift QC to conclude his membership with Monckton Chambers
9/5/2013 Cambridge Associates in Management v Ofsted
15/3/2013 High Speed Rail judgment given
7/3/2013 Kassie Smith in Supreme Court for air pollution appeal
24/10/2013 Financial Institutions Litigation Conference
16/8/2013 IBC Legal EU / Competition Law Summer School
All UK VAT Groups can Breathe a Sigh of Relief
Composite Supplies at Separate Rates: Colaingrove Ltd v HMRC

