Since the decision of the House of Lords in Woolwich Equitable Building Society v Inland Revenue Commissioners [1993] AC 70, the law governing claims for restitution of overpaid tax has experienced rapid and profound evolution. This has been so not only in England, but also elsewhere in the common law world as well as on the European plane. The essays in this collection consider the new landscape, and explore from various doctrinal and national perspectives the issues that have confronted, and continue to confront, the courts.
SECTION I. INTRODUCTION 1. Introduction Steven Elliott, Birke Hacker and Charles Mitchell SECTION II. ENGLISH LAW 2. Overpaid Taxes: A Hybrid Public and Private Approach Rebecca Williams 3. Mistaken Payments of Tax Duncan Sheehan 4. Restitution from Public Authorities: Any Room for Duress? Nelson Enonchong 5. Reasons for Restitution Charlie Webb 6. Restitutionary Claims by Indirect Taxpayers Charles Mitchell 7. Property, Proportionality, and the Change of Position Defence Niamh Cleary 8. Undoing Transactions for Tax Purposes: The Hastings-Bass Principle Monica Bhandari SECTION III. EUROPEAN LAW 9. Judicial Techniques in Relation to Remedies for Overpaid Tax Catherine Barnard and Julian Ghosh KC 10. The Principle of Effectiveness and Restitution of Overpaid Tax Maximilian Schlote SECTION IV. COMPARATIVE LAW 11. Absence of Basis: A German Perspective Anne Sanders 12. 'Public Law Restitutionary Claims': The German Perspective Birke Hacker 13. Overpaid Taxes and Constitutional Redress in Ireland Niamh Connolly 14. Restitution of Overpaid Tax in Canada Robert Chambers 15. Restitution of Unlawfully Exacted Tax in Australia: The Woolwich Principle Simone Degeling
Accessing your eBook through Kortext
Once purchased, you can view your eBook through the Kortext app, available to download for Windows, Android and iOS devices. Once you have downloaded the app, your eBook will be available on your Kortext digital bookshelf and can even be downloaded to view offline anytime, anywhere, helping you learn without limits.
In addition, you'll have access to Kortext's smart study tools including highlighting, notetaking, copy and paste, and easy reference export.
To download the Kortext app, head to your device's app store or visit https://app.kortext.com to sign up and read through your browser.
NB: eBook is only available for a single-user licence (i.e. not for multiple / networked users).
