23 July 2021
FII GLO v HMRC; (SC)
This is another important milestone in the FII GLO litigation which concerns the compatibility of the UK’s corporation tax regime with EU law. This latest judgment focusses on the nature of the remedies available for infringements of EU law. It covers mattes such as res judicata, issue estoppel and abuse of process in the context of group litigation, the meaning of enrichment in the context of common claims for restitution (and whether liabilities can be taken into account), as well as the role of compound interest in domestic and EU law claims for restitution.
You can read the full decision here.