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Mehjoo v Harben Barker (and related appeal)

Tax planning for non-domiciliary: whether accountant negligent

In Mehjoo v Harben Barker (and related appeal) (QB – 5 June) the controlling shareholders of a clothing company sold their shares for £22m in early 2005. The sale gave rise to significant CGT liability. One of the shareholders (M) had been born in Iran although he had moved to the UK at the age of 12. He subsequently took proceedings against the accountants who had acted for him in relation to the sale contending that they should have taken steps to take advantage of his non-UK domicile and should have taken advice from an appropriate specialist. The QB reviewed the evidence in detail accepted this contention and gave judgment for M. Silber J found that M ‘would have sought advice from a non-dom specialist very speedily as he was determined to ascertain ways of eliminating or reducing his...

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