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From garage to unicorn – Employment law lessons for scaling tech teams
Catherine Bourne
Privacy and confidentiality in tax cases have always been important particularly where the taxpayer is someone in the public eye. Whilst a tax enquiry, or indeed litigation, does not mean that the taxpayer has ‘done something wrong’, there are certain negative inferences made by the public and media which could impact future opportunities for the individual or corporate involved.
Once referred to as a “secret court”, the Court of Protection is increasingly limiting its privacy and is arguably becoming more open.
In roughly 1640, Sir Anthony van Dyck painted what is known today as the ‘Double Portrait of the Cheeke Sisters’ (the “Painting"). The Painting depicts two sisters, wearing copper and silver coloured gowns, standing against an English countryside background - and it is currently valued at approximately £4,000,000.
As Mummery LJ noted in Sidhu & Anor v Memory Corporation Plc, “[i] cannot be emphasised too strongly that at an urgent without notice hearing for a freezing order, as well as for a search order or any other form of interim injunction, there is a high duty to make full, fair and accurate disclosure of material information to the court and to draw the court's attention to significant factual, legal and procedural aspects of the case”.
Taxpayers have the right to deduct input tax, but HMRC can deny this if it proves the taxpayer knew or should have known their transactions were linked to fraud. Recently, there has been a significant rise in HMRC correspondence denying input tax recovery on these grounds across various sectors. It is vital to address this issue carefully due to its serious potential reputational and financial consequences for businesses.
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