Retrospective Legislation
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06-16-2011, 02:36 AM
Post: #1
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Retrospective Legislation
This topic comes up regularly in discussion with prospects.
1 Does EU legislation mean that retrospective legislation is barred in the UK? 2 Has there actually been any real retrospective legislation, rather than ill-informed talk on the subject? 3 What is your overview on the subject? |
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06-16-2011, 02:42 AM
Post: #2
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RE: Retrospective Legislation
(06-16-2011 02:36 AM)West End Consultancy Wrote: This topic comes up regularly in discussion with prospects. 1 EU case law based in trans-European Human Rights law weighs heavily against retrospective legislation. There is no outright prohibition. But any EU Member state would need to show a pressing social necessity for it. 2 The only genuine example in the last decade is what was done in relation to VAT reclaims. This was very much an EU-centric issue. The important point is that never in the history of RT type matters has there ever been retrospective legislation. The December 2010 change is a good example: prospective, rather than retrospective. 3 The issue is academic anyway. Well drafted trust deeds contain a retrospective amendment power. So, however HMRC change tax law, the terms of the trust can be changed retrospectively to side-step any such change. |
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02-18-2016, 08:08 PM
Post: #3
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RE: Retrospective Legislation
Hi
Could you confirm that the points raised in BW's response to the above query are still valid. Many thanks |
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