*Wallace v Revenue and Customs Commissioners

Restitution – Payment under mistake of law. Claims by a taxpayer to recover overpaid income tax by way of a claim in restitution at common law were excluded if they fell within the scope of the statutory right of recovery under the revised s 33 of the Taxes Management Act 1970 (TMA 1970). Accordingly, where the claimant taxpayer had failed to bring a claim for relief for overpayment of tax within the statutory limitation period under the new regime in TMA 1970, he was excluded, under para 1(6) of Sch 1AB to that Act, from bringing a common law claim to recover the alleged overpaid sum. So held the Chancery Division in allowing the defendant HMRC's application to strike out the claim.

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