The FII Group Litigation is certainly a complicated piece of kit. Despite one trip already to Europe, the last Court challenged with deciphering the legal issues it raises, the Court of Appeal (The Test Claimants in the FII Group Litigation v CIR [2010] EWCA Civ 103), identified some 23 questions that still need to be answered to bring it to some kind of resolution. All are difficult with far-reaching relevance.

A reflection of that complexity is the unique approach now adopted for the next stage in the litigation. The case is now to be simultaneously the subject of an appeal to the Supreme Court and a second reference back to Luxembourg. While the combination of these stages will provide a hopefully speedier path through the highest appeal stage, it does add to the difficulty in tracking precisely what is being decided and where. This article will attempt to unpack the various issues which each of those Courts is now to consider and what will then remain.

Read the entire article here.