Simon Kerry (Hardwicke) examines a recent case on negligent tax advice concerning a tax avoidance scheme.
When does the claimant’s cause of action accrue in a professional negligence case? In particular at what point has the claimant suffered a recoverable loss? This question is of course most relevant when a potential limitation defence arises under s 2 of the Limitation Act 1980 and is an issue that the courts have struggled with for some time. The recent case of Halsall v Champion Consulting Ltd [2017] EWHC 1079 (QB) (reported in Tax Journal 16 June 2017) serves as a useful reminder of the difficulties that can arise in this area.
Four lines of authority
The cases on this issue do not speak with one voice and the courts have made several attempts to classify the different lines of authority none of which are completely satisfactory....
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
Simon Kerry (Hardwicke) examines a recent case on negligent tax advice concerning a tax avoidance scheme.
When does the claimant’s cause of action accrue in a professional negligence case? In particular at what point has the claimant suffered a recoverable loss? This question is of course most relevant when a potential limitation defence arises under s 2 of the Limitation Act 1980 and is an issue that the courts have struggled with for some time. The recent case of Halsall v Champion Consulting Ltd [2017] EWHC 1079 (QB) (reported in Tax Journal 16 June 2017) serves as a useful reminder of the difficulties that can arise in this area.
Four lines of authority
The cases on this issue do not speak with one voice and the courts have made several attempts to classify the different lines of authority none of which are completely satisfactory....
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
