Retrospective Legislation

[West End Consultancy ACCREDITED]

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?

[BAXENDALE WALKER LLP]

(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.

[Rhys Lewis ACCREDITED]

Hi
Could you confirm that the points raised in BW's response to the above query are still valid.
Many thanks