23 July 2021


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.

David Ewart QC, Elizabeth Wilson QC and Barbara Belgrano (of Pump Court Tax Chambers), as well as Jennifer MacLeod and Frederick Wilmot-Smith, acted for HMRC.

You can read the full decision here.