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United Kingdom mistake of lawinterestrestitution

Prudential Assurance Co Ltd v Revenue and Customs Commissioners

[2018] UKSC 39
JurisdictionUnited Kingdom
CourtUK Supreme Court
Year2018
StatusBinding authority

Key Principle

The Supreme Court held that restitution claims for overpaid tax can be brought on the basis of mistake of law; Kleinwort Benson v Lincoln CC applies to allow recovery of taxes paid under a mistaken understanding of the law.

Area of Law

tax

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HMRC v Tooth [2021] UKSC 17
Test Claimants in the FII Group Litigation v HMRC [2021] UKSC 31
Project Blue Ltd v HMRC [2018] UKSC 30

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