The expertise here extends to all aspects of commercial, European and international taxation, for both incorporated and unincorporated entities, their shareholders and employees. We are able to deal with all the main direct taxes, value added tax, national insurance, stamp and other duties, and the related European and administrative law.
Clients include many leading UK and foreign multi-national companies, banks, insurance companies, accountants and other financial institutions. Barristers here regularly represent both the taxpayer and HMRC at all stages of tax appeals, including before the First Tier Tax Tribunal, The Upper Tribunal, the Supreme Court and in references to the European Court of Justice.
Recent work for members has included a number of high profile tax cases such as; Trustees of the BT Pension Scheme v HMRC for HMRC in relation to exemption for approved pension schemes; whether a claim for tax credit is subject to six year time limit under s.43 TMA 1970; and for HMRC in the Eclipse Film Partners No 35 LLP and Ingenious film scheme litigation.
In addition, barristers here offer a depth of recent experience in relation to unjust enrichment and restitution claims, particularly in the context of tax cases. Such work has included Littlewoods v HMRC in which a counsel team at One Essex Court helped to secure the repayment of compound interest in the amount of £1.2billion on overpayment of VAT dating back to 1973. The case raised important issues of EU law and the English law of unjust enrichment; and for a group of taxpayers in Franked Investment Income Group Litigation (FII GLO) in the Supreme Court, on claims concerning restitution of tax overcharged and paid by mistake and arguments as to the limitation periods applicable to those claims.