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England and Wales Case Law

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Tax law

RSK Cars Limited v The Commissioners for HMRC

The appellant did not maintain a stock book or compliant invoices as required by law, and therefore was not entitled to use the VAT margin scheme. HMRC's assessments based on gross sales were valid and made to the best of their judgment.

  • Vat margin scheme
  • Second-hand vehicles
  • Record keeping
  • Vat assessments
  • Penalties for careless inaccuracies
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Tax law

Shane Matin v The Commissioners for HMRC

The Upper Tribunal refused reconsideration of permission to appeal in a tax dispute, holding there was no arguable error in the FTT’s treatment of an HMRC barring application.

  • Permission to appeal
  • Barring order
  • Procedural fairness
  • Equality of arms
  • Adequacy of reasons
  • Evaluation of evidence
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Tax law

The Commissioners for HMRC v John Douglas Wardle

The Upper Tribunal refused Mr Wardle’s application for a protective costs order in HMRC’s appeal, finding no real public interest and no basis for an appeal costs order.

  • Protective costs order
  • Appeal costs order
  • Costs capping order
  • Trade commencement
  • Entrepreneurs’ relief
  • Protective-costs-order
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Civil procedure

Shmuel Moller & Ors v One Touch Solution Limited & Anor

The High Court held that VAT on the relevant costs could be recovered by the first defendant’s liquidators under VAT Regulations 1995 reg. 111(5), and awarded the claimants £1,000 for the VAT submissions.

  • Costs assessment
  • Vat recovery on costs
  • Liquidation and insolvency
  • Third party rights against insurers
  • Costs-assessment
  • Vat-recovery
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Insolvency

The Commissioners for HMRC v Purity Limited

It is just and equitable to wind up Purity Limited in the public interest under section 85 of the Finance Act 2022 due to substantial detriment to public revenue, lack of transparency, and continuation of a previous tax avoidance business, and compulsory liquidation is appropriate despite existing voluntary liquidation to ensure proper investigation and deterrence.

  • Public interest winding up
  • Tax avoidance schemes
  • Promoters of tax avoidance
  • Creditors' voluntary liquidation
  • Compulsory liquidation
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Tax law

East Midlands Waste Management Ltd v The Commissioners for HMRC

All three late appeals are admitted because, despite serious and significant delays, the circumstances—including the change of advisers, the collaborative and informal approach between the parties, and the lack of prejudice to HMRC—make it disproportionate to deny the Appellant the opportunity to challenge the penalties and assessment. The Tribunal applied the stricter Martland approach and found that, on balance, the appeals should be admitted.

  • Vat penalties
  • Late appeals
  • Tribunal procedure
  • Reasonable excuse
  • Discretion to admit late appeals
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Tax law

Paul Bryan v The Commissioners for HMRC

The tribunal refused Mr Paul Bryan’s application to direct HMRC to issue closure notices for open income tax enquiries, finding HMRC still had reasonable grounds to continue.

  • Income tax
  • Tax enquiries
  • Closure notices
  • Legal professional privilege
  • Tax-enquiries
  • Closure-notices
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Tax law

Queenscourt Limited v The Commissioners for HMRC

The Upper Tribunal held that dip pots in a takeaway meal deal are separate zero-rated supplies, and allowed Queenscourt’s VAT appeal.

  • Value added tax (vat)
  • Composite and multiple supplies
  • Legitimate expectation
  • Jurisdiction of tax tribunals
  • Value-added-tax
  • Composite-supply
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.