In Altus Group v Baker Tilly Tax ([2015] EWHC 12 – 7 January 2015) the High Court found that Altus’ claim for negligence against its professional advisers must fail.
Altus claimed damages for professional negligence by Baker Tilly for failing to give advice which would have enabled Altus to implement a restructuring proposal to mitigate its tax liabilities.
The court pointed out that the first issue was whether the implementation of the restructuring proposal would have resulted in a tax saving which included assessing the chance of whether the scheme would succeed or fail upon a challenge. The court also noted that a professional would be expected to adopt any filing position that was properly arguable and was in the client’s best interests while at the same time making a full disclosure to HMRC. However no damages were recoverable for a breach of this duty...
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In Altus Group v Baker Tilly Tax ([2015] EWHC 12 – 7 January 2015) the High Court found that Altus’ claim for negligence against its professional advisers must fail.
Altus claimed damages for professional negligence by Baker Tilly for failing to give advice which would have enabled Altus to implement a restructuring proposal to mitigate its tax liabilities.
The court pointed out that the first issue was whether the implementation of the restructuring proposal would have resulted in a tax saving which included assessing the chance of whether the scheme would succeed or fail upon a challenge. The court also noted that a professional would be expected to adopt any filing position that was properly arguable and was in the client’s best interests while at the same time making a full disclosure to HMRC. However no damages were recoverable for a breach of this duty...
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