Vestey v Commissioners of Inland Revenue (no 1)

JurisdictionEngland & Wales
JudgeViscount Dilhorne,Lord Wilberforce,Lord Salmon,Lord Edmund-Davies
Judgment Date22 November 1979
CourtHouse of Lords
R. A. Vestey
(Original Respondent and Cross Appellant).
and
Commissioners of Inland Revenue
(Original Appellants and Cross Respondents).
Lord Vestey
(Original Respondent and Cross Appellant).
and
Commissioners of Inland Revenue
(Original Appellants and Cross Respondents).
Baddeley
(Original Respondent and Cross Appellant).
and
Commissioners of Inland Revenue
(Original Appellants and Cross Respondents).
Payne
(Original Respondent and Cross Appellant).
and
Commissioners of Inland Revenue
(Original Appellants and Cross Respondents).
M.W.Vestey
(Original Respondent and Cross Appellant).
and
Commissioners of Inland Revenue
(Original Appellants and Cross Respondents).
E. H.Vestey
(Original Respondent and Cross Appellant).
and
Commissioners of Inland Revenue
(Original Appellants and Cross Respondents).
[Consolidated Appeals and Cross-Appeals]
["Leapfrog"]

[1979] UKHL J1122-2

Lord Wilberforce

Viscount Dilhorne

Lord Salmon

Lord Edmund-Davies

Lord Keith of Kinkel

House of Lords

Upon Report from the Appellate Committee to whom was referred the Cause R. A. Vestey against Commissioners of Inland Revenue et e contra, Lord Vestey against Commissioners of Inland Revenue et e contra, Baddeley against Commissioners of Inland Revenue et e contra, Payne against Commissioners of Inland Revenue et e contra, M. W.Vestey against Commissioners of Inland Revenue et e contra, and E. H. Vestey against Commissioners of Inland Revenue et e contra (Consolidated Appeals and Cross Appeals), That the Committee had heard Counsel as well on Monday the 23rd, Tuesday the 24th, Wednesday the 25th, Thursday the 26th and Monday the 30th days of July last upon the Petition and Appeal of the Commissioners of Inland Revenue of Somerset House, Strand, London W.C.2, praying that the matter of the Orders set forth in the Schedule thereto, namely an Order of the Chancery Division of Her Majesty's High Court of Justice of the 29th day of July 1977 so far as therein stated to be appealed against and an Order of the Chancery Division of Her Majesty's High Court of Justice of the 26th day of May 1978 so far as therein stated to be appealed against might be reviewed before Her Majesty the Queen in Her Court of Parliament and that the said Orders so far as aforesaid might be reversed, varied or altered or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen in Her Court of Parliament might seem meet; as also upon the Petition and Cross Appeal of Ronald Arthur Vestey of Thurlow Hall, Great Thurlow, Suffolk praying that the matter of the Order set forth in the Schedule thereto, namely an Order of the Chancery Division of Her Majesty's High Court of Justice of the 29th day of July 1977 so far as regards the words "And this Court Orders the said Commissioners to adjust as may be appropriate in accordance with the Judgment of this Court (a transcript whereof is being filed with this Order) the assessments to Income Tax and Surtax for the years 1963/64, 1964/65, 1965/66 and 1966/67" might be reviewed before Her Majesty the Queen in Her Court of Parliament and that the said Order so far as aforesaid might be reversed, varied or altered or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen in Her Court of Parliament might seem meet; as also upon the Petition and Appeal of the Commissioners of Inland Revenue of Somerset House, Strand, London W.C.2, praying that the matter of the Orders set forth in the Schedule thereto, namely an Order of the Chancery Division of Her Majesty's High Court of Justice of the 29th day of July 1977 so far as therein stated to be appealed against and an Order of the Chancery Division of Her Majesty's High Court of Justice of the 26th day of May 1978 so far as therein stated to be appealed against might be reviewed before Her Majesty the Queen in Her Court of Parliament and that the said Orders so far as aforesaid might be reversed, varied or altered or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen in Her Court of Parliament might seem meet; as also upon the Petition and Cross Appeal of John Richard Baddeley of Waltham House, Great Waltham, Essex praying that the matter of the Order set forth in the Schedule thereto, namely an Order of the Chancery Division of Her Majesty's High Court of Justice of the 29th day of July 1977 so far as regards the words "And this Court Orders the said Commissioners to adjust as may be appropriate in accordance with the Judgment of this Court (a transcript whereof is being filed with this Order) the assessments to Income Tax and Surtax for the years 1963/64, 1964/65, 1965/66 and 1966/67" might be reviewed before Her Majesty the Queen in Her Court of Parliament and that the said Order so far as aforesaid might be reversed, varied or altered or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen in Her Court of Parliament might seem meet; as also upon the Petition and Appeal of the Commissioners of Inland Revenue of Somerset House, Strand, London W.C.2, praying that the matter of the Orders set forth in the Schedule thereto, namely an Order of the Chancery Division of Her Majesty's High Court of Justice of the 29th day of July 1977 so far as therein stated to be appealed against and an Order of the Chancery Division of Her Majesty's High Court of Justice of the 26th day of May 1978 so far as therein stated to be appealed against might be reviewed before Her Majesty the Queen in Her Court of Parliament and that the said Orders so far as aforesaid might be reversed, varied or altered or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen in Her Court of Parliament might seem meet; as also upon the Petition and Cross Appeal of Samuel George Armstrong Third Baron Vestey of Stowell Park, Stowell, Near Northleach, Gloucestershire praying that the matter of the Order set forth in the Schedule thereto, namely an Order of the Chancery Division of Her Majesty's High Court of Justice of the 29th day of July 1977 so far as regards the words "And this Court Orders the said Commissioners to adjust as may be appropriate in accordance with the Judgment of this Court (a transcript whereof is being filed with this Order) the assessments to Income Tax and Surtax for the years 1963/64 and 1966/67" might be reviewed before Her Majesty the Queen in Her Court of Parliament and that the said Order so far as aforesaid might be reversed, varied or altered or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen in Her Court of Parliament might seem meet; as also upon the Petition and Appeal of the Commissioners of Inland Revenue of Somerset House, Strand, London W.C.2, praying that the matter of the Orders set forth in the Schedule thereto, namely an Order of the Chancery Division of Her Majesty's High Court of Justice of the 29th day of July 1977 so far as therein stated to be appealed against and an Order of the Chancery Division of Her Majesty's High Court of Justice of the 26th day of May 1978 so far as therein stated to be appealed against might be reviewed before Her Majesty the Queen in Her Court of Parliament and that the said Orders so far as aforesaid might be reversed, varied or altered or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen in Her Court of Parliament might seem meet; as also upon the Petition and Cross Appeal of James Gladstone Payne of Quendon, Saffron Walden, Essex praying that the matter of the Order set forth in the Schedule thereto, namely an Order of the Chancery Division of Her Majesty's High Court of Justice of the 29th day of July 1977 so far as regards the words "And this Court Orders the said Commissioners to adjust as may be appropriate in accordance with the Judgment of this Court (a transcript whereof is being filed with this Order) the assessments to Income Tax and Surtax for the years 1963/64, 1964/65, 1965/66 and 1966/67" might be reviewed before Her Majesty the Queen in Her Court of Parliament and that the said Order so far as aforesaid might be reversed, varied or altered or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen in Her Court of Parliament might seem meet; as also upon the Petition and Appeal of the Commissioners of Inland Revenue of Somerset House, Strand, London W.C.2, praying that the matter of the Orders set forth in the Schedule thereto, namely an Order of the Chancery Division of Her Majesty's High Court of Justice of the 29th day of July 1977 so far as therein stated to be appealed against and an Order of the Chancery Division of Her Majesty's High Court of Justice of the 26th day of May 1978 so far as therein stated to be appealed against might be reviewed before Her Majesty the Queen in Her Court of Parliament and that the said Orders so far as aforesaid might be reversed, varied or altered or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen in Her Court of Parliament might seem meet; as also upon the Petition and Cross Appeal of Mark William Vestey of Foxcote Manor, Andoversford, Near Cheltenham, Gloucestershire praying that the matter of the Order set forth in the Schedule thereto, namely an Order of the Chancery Division of Her Majesty's High Court of Justice of the 29th day of July 1977 so far as regards the words "And this Court Orders the said Commissioners to adjust as may be appropriate in accordance with the Judgment of this Court (a transcript whereof is being filed with this Order) the assessments to Income Tax and Surtax for the years 1963/64, 1964/65 and 1965/66" might be reviewed before Her Majesty the Queen in Her Court of Parliament and that the said Order so far as...

To continue reading

Request your trial
8 cases
  • R (on the application of Orbital Shopping Centre Swindon Ltd) v Swindon Borough Council
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 3 March 2016
    ...approach to the interpretation of planning permissions it would be contrary to constitutional principles. As was said in Vestey v Inland Revenue Commissioners [1980] AC 1148 by Lord Wilberforce: "Taxes are imposed upon subjects by Parliament. A citizen cannot be taxed unless he is designate......
  • Scottish Widows Plc V. The Commissioners For Her Majesty's Revenue And Customs Under Secton 56a Of The Taxes Management Act 1970
    • United Kingdom
    • Court of Session
    • 28 May 2010
    ... ... of a life insurance business profits and gains might be ascertainable by actuarial calculations ( Scottish Union and National Insurance Co v Inland Revenue (1889) 16 R 461) but the objective was the same - to ascertain the Company's true profits and gains. Insurance business did not live in a ... Taxes were imposed by Parliament and liability should be clearly defined ( Vestey v Inland Revenue Commissioners [1980] AC 1148, per Lord Wilberforce at page 1172D). If HMRC's construction was correct, it meant that there had ... ...
  • R (Wilkinson) v Commissioners of Inland Revenue
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 14 February 2002
    ...Commissioners (No.2) [1969] Ch.198 was tempered by the fact that they were published. But the view of Lord Edmund-Davies in Vestey [1980] AC 1148, 1194, that it was high time to consider the basis of the power of the executive to make extra statutory concessions, has been ignored for over 2......
  • R v Commissioners of Inland Revenue, ex parte National Federation of Self-Employed and Small Businesses Ltd
    • United Kingdom
    • House of Lords
    • 9 April 1981
    ...rationally exclude a taxpayer — that: "To produce a sense of justice is an important objective of taxation policy". 88In Vestey v. Inland Revenue Commissioners (No. 2) [1979] Ch. 177, Walton J. said at p. 197 that it is in "the interest not only of all individual taxpayers … but also in th......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT