Rory Mullan and Harriet Brown successfully represented the taxpayer, Mr Ralph Hely-Hutchinson in his judicial review of HMRC’s decision to issue closure notices refusing claims for capital losses (R (oao Hely-Hutchinson) v HMRC  EWHC 3261 (Admin)).
The taxpayer had made his claims in consequence of HMRC Guidance issued in 2003 following the decision in Mansworth v Jelley. HMRC later changed their guidance and applied such change retrospectively to persons who, like Mr Hely-Hutchinson, were subject of an enquiry. The Court agreed that the decision to issue closure notices based on the amended guidance was unlawful.
The decision is attached below.
[Posted: 11 November 2015]