Marks & Spencer Has Spent 10 Years to Probably Win A VAT Case ! Do You Dare to Easily Make A Lawsuit in Britain or China or Other Jurisdictions ?

According to the South China Morning Post of 11th April 2008, the British leading retail operator of Marks & Spencer will get a full refund of the HK$54.06 million in tax that British authorities charged for years on its teacakes, the European Union's highest court said.

The firm has been fighting with authorities for more than 10 years to get a refund of the value-added tax it paid between 1973 and 1994.

Jason's comments:

1. It is generally the legal right for a corporate / individual person to make a lawsuit in China or in Britain or in any other jurisdictions, but the plaintiff has to think it over and over again whether it is truly necessary and also whether they could prepare or have prepared sufficient amounts of money to pay for their lawyers and may probably endure the years-long time and sufferings before a lawsuit is actually brought to a court.

2. It is no doubt a good alternative to settle a dispute via negotiation and mediation before and during litigation, in order to save time, money. Relatively speaking, to find an acceptable solution may still be much better than pursuing a marathon-long satisfactory judgment, without talking about potential legal risks.

3. Lawyers may help clients, but only the clients themselves have disposals and absolute rights to instruct and lead how to appropriately settle a dispute or tough case to much extent.