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Face-Value Vouchers: Clarity And Confusion

Melanie Hall QC Monkton Chambers clarifies the situation with regards to face-value vouchers in the light of Tesco plc and Hartwell plc
There have been two recent decisions on face-value vouchers — Tesco plc and Hartwell plc. Each case re-confirms a number of well-established and fundamental principles with regard to the Community law concept of consideration. For that reason they are to be welcomed. However the Court of Appeal's analysis in the case of Hartwell concerning the relationship between the Card Protection Plan case and Schedule 6 paragraph 5 of the VAT Act represents a missed opportunity to clarify the question as to what if...

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