CA-2024-001898 - [2025] EWCA Civ 1392

The grounds of appeal

There are two grounds of appeal. Ground 1 is that the judge was wrong to hold that HMRC had no entitlement to restitution in circumstances where the relevant order had been set aside. Ground 2 is that, in any event, it was incoherent to allocate the £6.4m payment to interest, since Evonik had no claim to a liquidated sum until 2024.

Evonik has also filed a Respondent’s Notice with a fallback position in the event that the judge’s decision is not upheld, namely that the £6.4m should be allocated first to the FID claim and the balance pro rata to principal and interest.