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Tax litigation
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The ‘innovative’ team at Berwin Leighton Paisner LLP provides a very broad range of contentious tax services and is noted for its capabilities on complex multi-jurisdictional matters. It acted for ITV in a multimillion-pound dispute with HMRC which will have wide ramifications for many individuals working in the media, and also represented PokerStrategy in tax disputes and related issues arising in a multitude of jurisdictions. Key longstanding clients include the Aegis Group and the Football Association. ‘Excellent’ group head Liesl Fichardt is highly regarded and praised by clients and peers alike.
The ‘excellent’, three-partner team at Dorsey & Whitney provides ‘comprehensive, all-round’ advice to a variety of high-profile clients including Pirelli, Marks & Spencer, and Siemens. Areas of expertise include Group Litigation Orders and EU tax matters. The team has acted in numerous big-ticket cases, including ongoing advice to test claimants following a case against HMRC contending that the UK’s legislation on thinly capitalised companies was in breach of the EC treaty; and is also acting for 24 multinationals in a challenge to the UK’s CFC and dividend taxation rules. Head of the group Simon Whitehead has an ‘excellent grasp of the subject’; EU expert Paul Farmer ‘really listens to the client’s input’; and Michael Anderson gives ‘sound’ advice.
Herbert Smith LLP’s ‘superb’ tax litigation offering is impressively broad, drawing on a large pool of highly capable lawyers, and is praised for its ‘flexible and innovative’ approach. It acted for the Law Society of England and Wales in a Court of Appeal case which ruled that legal professional privilege should not be extended to cover legal advice given by accountants. Other clients include BAA, Barclays Capital, Maersk, and O2. Recommended practice head Heather Gething provides ‘a calm clarity of analysis and a strong feeling of support’ to clients. Rupert Shiers joined the team from McGrigors LLP.
McGrigors LLP’s three-partner team is praised for its ‘thoroughly professional approach, delivery and client care’ and its commitment to client relationships. It acted for Philips in a corporation tax dispute referred to the ECJ, and for Legal & General in a complex and high-value corporate tax matter. GLOs have also proved an area of success for the team. Group head James Bullock and Jason Collins are ‘top class’ and ‘full of practical ideas and insights’. Rupert Shiers left in April 2011.
Slaughter and May’s ‘seamless’ practice is valued for its ‘high levels of technical expertise’, and excellent multi-jurisdictional capabilities. The team acted for Morgan Stanley in relation to an appeal by HMRC following a dispute arising from the inter-relationship between the US and UK tax regimes; and it also acted for Nationwide in a substantial dispute with HMRC regarding the tax treatment of a structured finance transaction. Other clients include Bank of Ireland, and Ford. Practice head Sarah Lee is recommended.
DLA Piper UK LLP has a ‘very knowledgeable team’, and acts on the full range of investigations and direct and indirect tax disputes for clients including Commerzbank, HSBC, and Universal Studios. Recent areas of success include representing banks in relation to compulsory disclosure notices from HMRC. Simon Airey is ‘good on niche matters’; and Les Allen is ‘approachable and helpful’, and has ‘excellent litigation skills’.
Freshfields Bruckhaus Deringer LLP has ‘strength in depth’ and the ‘toughness to deal with the stresses of litigation’, with its ability in corporate tax matters a large component of the strength of its contentious offering. It was recently instructed by a multinational banking group in nine separate disputes involving a leasing transaction. Other clients include AstraZeneca, and Eclipse Film Partners. Team head Helen Buchanan has ‘considerable tactical and strategic skills’.
Hogan Lovells International LLP is praised for its ‘practical advice’ and ‘excellent response times’, and acts in a diverse range of disputes, with the firm’s extremely strong VAT capabilities contributing to its strength in contentious indirect tax matters. The team acted for The ECU Group in a dispute with HMRC relating to the VAT liability of the management of foreign currency exposure of multi-currency loans, and for Weight Watchers UK in a VAT appeal relating to an assessment time limit extension. Greg Sinfield and Kevin Ashman are the key figures.
Linklaters LLP acted for BP in relation to the reclaiming of SDRT charged by HMRC in alleged breach of the EC Capital Directive, and also acted in an appeal to the tax tribunal concerning a joint venture which made a number of property investments. Michael Sanders is a key figure in contentious tax and EU matters, and Dominic Winter is also recommended.
The team at PricewaterhouseCoopers Legal LLP has grown substantially in recent years, and benefits from the firm’s close relationship with its sister accounting firm. It has strong capabilities in GLOs and contentious indirect tax matters, and recently acted for a group of claimants in an SDRT GLO brought to recover funds allegedly paid in breach of EU law. It also acted for Prudential in a significant case over the issue of adviser privilege. Mark Whitehouse and Nick Skerrett are names to note.
Reynolds Porter Chamberlain LLP’s team combines ‘first-rate legal knowledge’ with ‘practical experience of HMRC’s internal workings’. It has notable expertise in GLOs, and is led by recommended figures Jonathan Levy and Adam Craggs, who is noted for his ‘commercial acumen, and focus on the desired result’.
Ian Hyde is recommended at Pinsent Masons.
Hartley Foster at Olswang is noted for his ‘rare ability to balance commercial tactics within the litigation process’.
Maryanna Sharrock and Sanjay Mehta are recommended at Stephenson Harwood.
Search News and Articles
Press releases
Legal Developments in the UK
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Immigration update October 2011
In this issue: -
Premium sponsorship for tier 2 and tier 2 and 4 sponsors
As reported in our November 2011 Update the UKBA is planning to introduce a 'premium sponsor' category and we expect that this will be in April 2012. -
Arts Council England introduces new procedure for tier 1 (exceptional talent) applicants
From 3 January 2012, individuals applying under tier 1 (exceptional talent) of the points based system will need to follow new guidelines if they wish to have their application endorsed by Arts Council England (ACE). -
The UKBA contacts tier 2 sponsors regarding COS allowances
The UKBA has been contacting authorised officers at tier 2 sponsors in relation to the new certificate of sponsorship allowance which will become effective from 6 April 2012. Any COS issued from that date will come from the new allocation. -
The UKBA updates tier 4 sponsors on educational oversight
The UKBA has reminded all current tier 4 sponsors that if they are not already subject to inspection or review by the relevant educational oversight bodies, they must apply before the deadline stated in the current sponsor guidance. -
London 2012 visa applications open for spectators
From 1 January 2012 the UKBA will begin to process visas for non-UK spectators wishing to travel to the UK to watch the Olympic and Paralympic Games. -
10% Tax Rate for Intellectual Property Confirmed
On 6 December 2011, the UK Government published further details of a lower Corporation Tax rate for IP earnings which will come into force in April 2013. -
TUPE AND COLLECTIVE AGREEMENTS
Terms and conditions of employment are often found, especially in the public sector, not in the individual contracts of employment themselves, but in collective agreements between the employer and trade unions, collective agreements which are expressly incorporated into the individual contracts. If the employer and the unions agree changes in the collective agreement then the individual contracts will automatically be varied accordingly.- 11KBW -
Freedom of Information Update
Timothy Pitt-Payne QC- 11KBW -
Localism Bill: Commercial Purpose, Governance and Conduct
Daniel Stilitz QC- 11KBW
Press Releases in the UK
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Could Britain have tried Saif Gaddafi?
Geoffrey Bindman comments on the limits of universal jurisdiction -
Procurement update: Court of Appeal rules on service concessions and implied contract claims
In JBW Ltd v Ministry of Justice [2012] EWCA Civ 8 (16 January 2011), the Court of Appeal has analysed and applied recent Court of Justice case-law on the definition of “services concession” contract and made an important ruling on the availability in procurement litigation of claims based on an implied contract created by an invitation to tender.- 11KBW -
Bindmans partner Tamsin Allen achieves High Court victory for phone hacking victims
Tamsin Allen , who heads the firm’s media practice, has secured settlements against News Group Newspapers Ltd for the former Deputy Prime Minister John Prescott, Chris Bryant MP, Denis MacShane MP, journalists Joan Smith and Tom Rowland and Christopher Shipman. -
Greenwich Community Law Centre: High Court upholds withdrawal of funding from law centre
In R (Greenwich Community Law Centre) v Greenwich LBC [2011] EWHC 3463 (Admin), the Administrative Court (Cranston J) has dismissed a challenge by a leading law centre to the decision by Greenwich Council to withdraw its funding of around £200,000 per year.- 11KBW -
Pannu and ors v Geo W King Ltd and ors UKEAT/0021-23/11/DA
The EAT has delivered judgment in this the first case to consider the “supply of goods” exception to the service provision change rules in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”). The case concerned the supply of axle assemblies for vans built by a company within the General Motors group. James Goudie QC and Holly Stout appeared for two out of the three respondents. Instructing Solicitor was Jon Taylor of EMW Picton Howell LLP.- 11KBW -
Clear Edge UK Ltd v Elliot and others [2011] EWHC 3376 (QB)
Akhlaq Choudhury was junior counsel for the Claimants in this application for springboard injunctive relief in a team move context. The case was unusual in that the “team” comprised only three people and all of them had given due contractual notice of their termination (which notice had already expired in respect of two of the Defendants by the time of the application).- 11KBW -
Kettling judgement disappoints protesters
Protesters expressed disappointment with a Court of Appeal decision today to overturn a Divisional Court judgement on kettling and use of violent force against climate protesters on April 1 2009. The Divisional Court headed by its President, Sir Anthony May, and Mr Justice Sweeney, had concluded the police operations were “not lawful.” -
11KBW welcomes David Stead as its Chief Executive
11KBW is delighted to announce that David Stead will be joining Chambers as Chief Executive with effect from 18th January 2012. David is currently the Director of Marketing and Business Development at Gill Jennings & Every LLP, having held similar positions at Field Fisher Waterhouse, Eversheds and KPMG.- 11KBW -
Marcus Pilgerstorfer joins 11KBW
We are delighted to announce that Marcus Pilgerstorfer has joined 11KBW, Chambers and Partners Employment Set of the Year 2011.- 11KBW -
Protest continues at Parliament Square
Long standing protest continues at Parliament Square and efforts yesterday evening by the Metropolitan Police (supported by Westminster) to clear the area have not ended protest at this iconic location.