Tag: HMRC

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Case Study: Bankruptcy Order Annulment Victory Following HMRC’s Defective Service

We successfully annulled a bankruptcy order against our client after HMRC failed to properly serve notice of a key hearing. Mr. Gaster proved this procedural error denied him the chance to present evidence of his ability to pay. The court’s judgment emphasized due process under Rule 10.23 of the Insolvency Rules 2016, exposing flaws in HMRC’s conduct and evidence on the adjournment notice.

HMRC's Abuse of Process Winding-up Petition Defeated Injunction

Case Study: £0.5m HMRC Winding-up Petition Defeated

HMRC consented to the dismissal of a £0.5m winding-up petition against our client company, conceding their petition and agreeing to pay substantial costs. Our solicitor and counsel team successfully argued HMRC’s actions, including account freezing and misrepresentation, were an abuse of the proper process of the Companies Court. This case highlights the repercussions for all, including UK Government agencies, that engage in unjustified petitions.

Post Office Scandal Mr Bates LEXLAW Tax Disputes HMRC Solicitors Appeal

British Post Office Horizon IT Scandal: HMRC’s ancillary attack on UK Postmasters

HMRC have been using Horizon Data to raise tax assessments and tax penalties against innocent sub-postmasters. In one such case only after a six year battle when HMRC faced paying costs did they decide to withdraw their tax demands. Even now they refuse to recognise their misconduct should be punished by them paying indemnity costs and have threatened the sub-postmaster victim with a costs order simply for daring to ask for his full costs.

Manolete Case Study: Director Successfully Defends £849k Additional Sales Claim (Evidential Burden in Insolvency Claims)

Manolete Case Study: Director Successfully Defends £849k Additional Sales Claim (Evidential Burden in Insolvency Claims)

The Court of Appeal upheld the High Court’s dismissal of Manolete Partners’ £849,278 claim against director Ebrahim Dalal, finding the evidence for alleged unreported sales too weak to meet the civil standard of proof. The case underscores the evidential challenges liquidators face when pursuing directors for purported accounting deficiencies.

"Defending HMRC Security Notice of Requirement"

Defending a HMRC Security Notice of Requirement

A HMRC Security Notice is a formal notice issued by HM Revenue and Customs (HMRC) to an individual or business requiring them to provide security for certain future tax liabilities. It is a tool used by HMRC where they believe there is a risk of tax loss.

Challenging Validity of Discovery Assessments; Robert Don Hunter Dougan v HMRC

In the case of Robert Don Hunter Dougan v HMRC [2022] TC8471, the First Tier Tribunal (“FTT”) ruled the taxpayer had not deliberately intended to cause a loss…