29 May 2014
Two tribunal decisions were recently published in the appeals of MG Rover Group Ltd and Standard Chartered plc. The appeals concerned Fleming claims made by the various parties in relation to periods when the particular companies which overpaid the VAT were in different VAT groups and under different ownership. Obviously each of the owners would like to receive the VAT windfall arising from periods between 1973 and 1996.
In the MG Rover decision the judge appears to hold that the company itself is the entity entitled to claim, but in Standard Chartered it seems the representative member for the relevant VAT group is the entity which should receive the money from HMRC. Both cases will probably be appealed further, as there are many millions at stake.