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Hidden dangers
KEY POINTS
- The four-year period of limitation is less than would apply under the Limitation Act 1980.
- Section 80 applies to parties who have accounted to HMRC.
- Consumers have no common law remedy.
- The ECJ has decided that the four-year limit in s 80 is acceptable.
When a claim becomes time-barred as a result of a failure to advise to the correct professional standard it can be difficult to defend a claim in negligence. So it pays to be familiar with the relevant provisions. In the case of VAT paid to HMRC but not due that usually means turning to VATA 1994 and the VAT Regulations 1995. But as the Supreme Court has decided in CRC v The Investment Trust Companies [2017] UKSC 29 the multi-party nature of VAT – involving the interests of consumers as...
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