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National Insurance – not just another income tax
From most peoples’ perspective, national insurance is simply income tax by another name.
Read morePlain sailing for taxpayer in judicial review case
Although the recent case of Cameron & others v Revenue and Customs [2012] EWHC 1174 (Admin) related to the narrow area of Foreign Earnings Deduction (‘FED’) for seafarers,...
Read moreCompanies move back in, but lightning won’t strike twice
Against the backdrop of the huge success of the 2012 Olympics, HMRC have received some encouraging news that the extensive reforms introduced to the taxation of the foreign profits of companies over the last five years is starting to bear fruit.
Read moreHMRC's consulation – "Lifting the lid on tax avoidance schemes”
On 23 July 2012 HMRC published a consultation document “Lifting the lid on tax avoidance schemes”.
Read moreBrown v InnovatorOne Plc – good news for advisers involved in tax mitigation structures
A recent judgment of the High Court in Andrew Brown and ors v InnovatorOne plc and Ors [2012] EWHC 1321 (Comm) is welcome news for professional advisers who may have acted for clients involved in the design, implementation or distribution of tax efficient arrangements.
Read moreInformation Commissioner investigates HMRC over whistleblower enquiry
An interesting article appeared in the Guardian newspaper (Thursday 7 June 2012) which reignites previous controversies, which we have commented upon, concerning ‘sweetheart deals’...
Read moreCollateral Warranties – Tips and Pitfalls
Collateral warranties are extremely common in the construction industry.
Read moreA case of interest?
In Garnett Paul Curran v HMRC [2012] UKFTT 517 (TC), the First-tier Tribunal (‘FTT’) has given some helpful guidance on what constitutes interest...
Read moreClaim for overpaid VAT held not to be abusive
In St Martins Medical Services Limited v HMRC [2012] UK FTT 485 (TC), the First-tier Tribunal (‘FTT’) has recently allowed a claim for overpaid VAT made by a taxpayer,...
Read moreSolicitors not under a duty to ensure that court staff issue in time
This case Page v Hewetts Solicitors caused a stir back in November when the high court held that a claim form was statute barred notwithstanding evidence it had been received by the court in time.
Read moreCausation key to failure of lender's claim against solicitors
Causation was the key factor in the failure of a claim brought by mortgage lender Godiva, against its solicitors, Keepers Legal.
Read morePrince Harry – has the Sun got it right?
This blog noted a couple of days ago that clause 3 of the PCC Code requires editors to justify intrusions into an individual’s private life without consent.
Read moreCounterclaims and Part 36 offers
Picture the situation, your client is the Defendant in proceedings where it has asserted a large Counterclaim.
Read moreThe danger of sitting on your right to appeal
Two recent Court of Appeal cases have illustrated that the courts will take a strict approach to unsuccessful litigants who bring appeals out of time.
Read moreA former editor’s view on the naked Royal
There’s an interesting view on the naked pictures of Prince Harry from a former tabloid editor.
Read moreWhen should open justice be curtailed? Russian oligarchs learn the answer
It is an important principle of civil justice that proceedings are ordinarily conducted in public in open Court.
Read moreComposite transaction fails
In HP Schofield v HMRC [2012] EWCA Civ 927, the Court of Appeal has recently dismissed an appeal made by a taxpayer (the test case for over two hundred appeals) in relation to a tax mitigation strategy designed by PricewaterhouseCoopers (‘PwC’), which was intended to assist the taxpayer in mitigating a capital gain that would otherwise become due.
Read moreHMRC fails in its attempt to obtain disclosure of privileged documents
The important issue of disclosure of documents in the context of litigation before the First-tier Tribunal (Tax) (‘the FTT’) was recently considered in Peter A D Fisher, Stephen D Fisher and Anne P Fisher v HMRC [2012] UKFTT 335.
Read moreTwo wrongs do not make a right – criminal convictions and stolen data
On Friday 5 July 2012 HMRC announced that a wealthy property developer, who had failed to disclose a Swiss bank account to HMRC during a civil inquiry, had pleaded guilty to the serious charge of cheating the public revenue
Read moreBeware of "settling" for standard form settlement wording
The recent decision of the Court of Appeal in the case of Kazeminy v Siddiqi1 highlights the potential pitfalls that await parties who rely on standard form settlement wording to settle complex multi-party disputes.
Read moreHMRC scores own goal in insolvency ruling regarding the Football League
In HMRC v The Football League Ltd1 the High Court delivered judgement on the controversial "football creditor rule" operated by The Football League.
Read moreSolicitors not under a duty to ensure that court staff issue in time
This case Page v Hewetts Solicitors caused a stir back in November when the high court held that a claim form was statute barred notwithstanding evidence it had been received by the court in time.
Read moreHMRC – Not enough staff and too much uncollected tax
The Public Accounts Committee of the House of Commons (‘the PAC’) has published its 87th report (HC Session 2010-12) on HMRC’s Compliance and Enforcement Programme.
Read moreMP’s partner loses privacy and harassment case against newspaper publisher
Carina Trimingham has lost her privacy and harassment case against the publishers of the Daily Mail.
Read moreA Defendant's Assets - What About Their Pension Fund?
In the recent case of Blight and others v Brewster1, the High Court allowed a judgment debt to be enforced against part of a defendant's pension fund.
Read moreWhat’s really wrong with pictures of the Duchess of Cambridge shopping?
The celebrity magazine Heat has published the following apology:
Read moreEclipse Film Partners No 35 – To trade or not to trade, that is the question!
The First-tier Tribunal (Tax Chamber) ('FTT') has recently held in Eclipse Film Partners No 35 LLP v HMRC [2012] UKFTT 270 (TC),...
Read moreRetrospective legislation: where are we now?
I commented last year on the important decision in Huitson, in which the Court of Appeal, hearing a joined appeal from two judicial review claims,...
Read moreDirectors & Officers beware - the SFO gets serious
Following the collapse of various high profile cases and the subsequent inquiry into its practices, change is clearly rife at the Serious Fraud Office.
Read moreWhen can you sue under a disguised name?
In what circumstances can a claimant in civil litigation commence proceedings under a pseudonym?
Read moreTax tribunal prevents HMRC from broadening their attack on an SDLT return
The distinction between fixtures (which form part of the land) and chattels (which do not) can have significant consequences for stamp duty land tax ('SDLT') purposes.
Read moreSome Other Good Reason - Default Judgment and the Court's Discretion
The Court can set aside default judgment where either: (a) the defendant has a real prospect of successfully defending the claim; or (b) it appears to the court that there is some other good reason why the judgment should be set aside or varied or the defendant should be allowed to defend the claim.
Read moreJudgment awaited in Trimingham harassment case
Carina Trimingham's privacy and harassment case against Associated Newspapers was heard by Mr Justice Tugendhat in the High Court last week. Judgment has been reserved.
Read moreNot so credible deterrence
The FSA's Enforcement Guide states that taking action against individuals sends an important message about the FSA's regulatory objectives and priorities and the FSA considers that such cases have important deterrent values.
Read moreAnother voyage of discovery by HMRC - hypothetical ignorance?
This month saw the release of yet another discovery assessment case: Sanderson v HMRC [2012] UKFTT 207 (TC).
Read moreAll taxpayers are equal, although some are more equal than others!
In the recent case of Spectrum Legal Services Limited v HMRC [2012] UKFTT 191 (TC), HMRC drew criticism from the First-tier Tribunal (Tax Chamber) ('Tribunal') over its refusal to treat two taxpayers, in similar circumstances, in the same way
Read moreFriday 13th brings bad news for CMCs
The Law Society Gazette has today revealed (following a FoI Request) that in the twelve months to March 2012, 734 CMC businesses were 'cancelled' by the MoJ.
Read moreFirst it was insurance brokers and now it's investment bankers... FSA tests anti-bribery and corruption controls at investment banks
The FSA recently published the findings of its thematic review of anti-bribery and corruption (ABC) systems and controls at 15 investment banks.
Read moreParliamentary committee reports on privacy
The Joint Committee on Privacy and Injunctions has reported.
Read moreAccess to Documents in Criminal Proceedings – Guardian Challenge Secures Change
The Court of Appeal has ruled that where documents have been placed before a judge and referred to in the course of open proceedings, the default position should be that access should be permitted on the open justice principle.
Read moreTaxpayers are entitled to organise their affairs so that the minimum amount of tax is paid!
The recent decision of the First-tier Tax Tribunal ('FTT') in James Albert McLaughlin v The Commissioners for HM Revenue and Customs1, is a timely reminder that taxpayers are perfectly entitled to organise their affairs so that the minimum amount of tax is paid.
Read moreHMRC have to play by the rules too!
The recent decision of the First-tier Tax Tribunal ('the Tribunal') in Furukawa Electric Europe Limited v Revenue & Customs Commissioners [2012] UKFTT 129 (TC) ('Furukawa'),...
Read moreNo discovery – HMRC fail before the First-Tier Tribunal
HMRC's ability to raise 'discovery' assessments under section 29 of the Taxes Management Act 1970 ('TMA'), is a topical issue at the moment and there have been a number of important cases in recent months (see our previous blog here of30/01/12).
Read moreMoJ publishes first statistics on privacy injunctions
Yesterday the Ministry of Justice published the first set of statistics on privacy injunctions, following the recommendations in the report by Lord Neuberger's Committee on Super Injunctions published in May last year.
Read moreHector Sants’ resignation will throw finance sector into confusion
Hector Sants’ resignation this morning is surprising given that his remit was to deliver an orderly transition to the government’s new twin peaks regulatory structure.
Read moreIt ain't broke, but… - Government finally confirms how it proposes to fix the UK competition regime
The Department for Business Innovation and Skills today published its long-awaited response to its consultation on reforming the UK competition regime.
Read moreBack to the beginning – root cause analysis re-booted by de facto PPI past business review
The FSA's guidance to firms on contacting PPI customers that have not complained marks a resumption of hostilities in the PPI arena and amounts, in effect, to an industry-wide direction to conduct a past business review (PBR).
Read moreNo more 'sweetheart' deals with the taxman?
HMRC have recently announced new governance arrangements for "significant tax disputes".
Read moreGiggs' claim for privacy damages is struck out
Ryan Giggs has lost his claim for damages against News Group Newspapers ("NGN").
Read moreFRC plans to focus on disciplinary action
The FRC has published its Draft Plan & Budget for 2012/13.
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