Shepherd v Byrne And Partners LLP

Shepherd v Byrne And Partners LLP

The defendant breached its duty by failing to advise the claimant about the availability and advantages of the LDF, resulting in the claimant proceeding with voluntary disclosure under COP 9 and incurring higher penalties and interest. The claimant relied on the defendant's advice, was eligible for the LDF, and...

Source-derived case information.

Parties
Claimant: James Shepherd; Defendant: Byrne and Partners LLP
Jurisdiction
England and Wales
Judgment Date
05 May 2017
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the claimant
Legal Topics
Breach of Contract, Negligence in Professional Advice, Tax Disclosure Schemes, Liechtenstein Disclosure Facility (ldf) Eligibility, Causation and Loss
Contract Law Professional Negligence Tax Law Breach of Contract Negligence in Professional Advice Tax Disclosure Schemes Liechtenstein Disclosure Facility (ldf) Eligibility Causation and Loss

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Summary, issues, holding and outcome

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Parties

James Shepherd

Claimant

Byrne and Partners LLP

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant breached its duty to advise the claimant regarding the availability and eligibility for the Liechtenstein Disclosure Facility (LDF)
  2. 2 Whether the claimant relied on the defendant's advice in proceeding with voluntary disclosure under COP 9 instead of LDF
  3. 3 Whether the claimant or his wife were eligible for the LDF

Ratio Decidendi

The defendant breached its duty by failing to advise the claimant about the availability and advantages of the LDF, resulting in the claimant proceeding with voluntary disclosure under COP 9 and incurring higher penalties and interest. The claimant relied on the defendant's advice, was eligible for the LDF, and would have used it if properly advised. The loss is quantified as the difference between penalties and interest paid and what would have been paid under the LDF.

Court Disposition

Judgment for the claimant

Orders

  • The defendant is liable to the claimant for the difference between penalties and interest paid and what would have been paid under the LDF, quantified at £318,372.10.