These essays explore issues arising from the restitution of overpaid taxes from various perspectives including the tax background, various private law claims, alternative public law approaches, defences, and remedies. They cover the leading cases from various jurisdictions, such as Australia, Canada, the EU, Germany, and Ireland, and the UK.
The Tax Disputes and Litigation Review
First, the plaintiff must show that no juristic reason from an established category exists to deny recovery . ... Professor McInnes' (2012) 52 Canadian Business Law Journal 390 (responding to M McInnes, 'A Return to First Principles in ...
The very different views of academics as to the nature and ambit of the subject are also identified. This book will beinvaluable to students on restitution courses at every level.
... Restitution, goes some way to filling this gap. He provides a list of general arguments which support the view that ... overpaid tax—the situation in which the defence of disimpoverishment most commonly arises—is omitted from his review ...
This Restatement presents a distillation of the current state of the common law of unjust enrichment into a coherent set of doctrines.
The text of the Restatement is supported by full commentary explaining its provisions and roots together with its application to real and hypothetical cases.
This book offers a comparative legal and economic analysis of corporate, securities and competition law, exploring the reasons behind such differences.
This book explores contemporary issues in respect of causes of action which operate to protect a plaintiff's economic interests. It examines the question from across the spectrum of private law.
200 Late Payment ofCommercial Debts (Interest) Act 1998 . . . 244 Latent Damage Act 1986 . . . 136 Law of Libel Amendment Act 1888 . . . 5 Law ofPropertyAct 1925 . ... 2 Pneumoconiosis etc. (Workers' Compensation) Act 1979 .
As in previous editions, this book sets out to present the principal legislative contributions to the law of contract, ... legislative nature which affects the general law on civil liability and reveals something of its wider context.