Clark v HMRC

Jonathan Davey QC has been successful in an important First-tier Tribunal case regarding the meaning of “payment” and “in respect of” in the context of the unauthorised payment legislative regime relating to registered pension schemes (Finance Act 2004). In considering the “payment” issue the First-tier Tribunal (Judge Roger Berner) preferred the reasoning of the Court of Appeal in Venables v Hornby [2001] STC 1221 over the reasoning of the High Court inThorpe v Revenue and Customs Commissioners [2009] STC 2108. A further hearing to address matters flowing from the First-tier Tribunal’s decision is due to be heard in early 2017.

Download the Judgment here (Crown Copyright)