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15 September 2011 / Peter Vaines
Issue: 7481 / Categories: Features , Tax , Commercial
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One size does not fit all

Peter Vaines reports on the inevitable failure of HMRC’s revised litigation strategy

In June 2007 HMRC launched their litigation settlement strategy which may be summarised crudely as “no deals”. The idea was that if HMRC felt that they had a good case, they would pursue it to a conclusion through the courts. However, if they did not feel it was sufficiently strong they would back down. I am sure this must have happened in some cases.

Wider purpose

There was a wider purpose which was to prevent any advantage being obtained by those entering into a tax scheme and seeking some undeserved benefit by compromising the matter (ie getting something for their trouble) or at the very least delaying the payment of tax.

The point is entirely understandable—but you do not need a “strategy” for dealing with those cases; you just say no. As far as the delay is concerned, HMRC are always going on about interest being merely commercial restitution for the delay in payment (and they get

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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
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Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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