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Final victory for Marks & Spencer in the House of Lords in the teacake case. In anticipation of a forthcoming article in The Tax Journal David Milne of Pump Court Tax Chambers takes up the story:
'Lord Walker's judgment is a helpful summary of the history of the case over the last 14 years and records that following M&S' two victories in the ECJ HMRC has accepted defeat and paid M&S' claim in full together with (so far) statutory interest. Whether M&S will be entitled to compound interest (dating back to 1973) will depend on the results of three test cases (not involving M&S) the first of which is due to be heard in the High Court [in the week commencing 9 February].

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