Post Reply 
 
Thread Rating:
  • 0 Votes - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Retrospective Legislation
06-16-2011, 02:36 AM
Post: #1
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?
Find all posts by this user
Quote this message in a reply
06-16-2011, 02:42 AM
Post: #2
RE: Retrospective Legislation
(06-16-2011 02:36 AM)West End Consultancy Wrote:  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?

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.
Quote this message in a reply
02-18-2016, 08:08 PM
Post: #3
RE: Retrospective Legislation
Hi
Could you confirm that the points raised in BW's response to the above query are still valid.
Many thanks

Rhys Lewis
Lifetime Financial Therapy Ltd
Find all posts by this user
Quote this message in a reply
Post Reply 


Forum Jump:


User(s) browsing this thread: 1 Guest(s)