Jazztel v HMRC

Cathya Djanogly

In Jazztel v HMRC [2018] EWHC 1830 (17 July 2018) the High Court found that once the test claimant had obtained payment under a favourable judgment which was appealed by HMRC the other claimants (whose cases had been stayed) were not entitled to an interim remedy.

Following the CJEU’s decision that the imposition of SDRT at the higher rate of 1.5% on the issue of shares into a clearance service or to a depositary receipts issuer was incompatible with EU law a large number of claims were brought against HMRC. The chief chancery master made a GLO covering all these claims. Test claims were identified while the other claims were stayed. Jazztel was appointed as one of the test claimants.

Judgment was given on issues in the test case and Jazztel received repayments but that judgment was under appeal. The issue was whether the other claimants...

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