Privy Council decides on Application of Article 6 in Tax Matters

In Jersey Competent Authority v Imperium Trustees (Jersey) Limited [2025] UKPC 28 Rory Mullan KC represented the respondent trust company in its challenge to the International Co-operation (Protection from Liability) (Jersey) Law 2018.

The law prevents a party from claiming costs from the government in relaiton to certain proceedings including those challening a notice requiring provision of informaiton to assist in a foreign tax investigation. The Jersey Court of Appeal had found it incompatible with Article 6 ECHR. The Privy Council allowed the JCA’s appeal on the ground that Article 6 was not engaged. That was because the dispute concerned informaiton to be provided for a tax investigation and on that basis fell outside the scope of Article 6.

The full text of the decision can be found here.

Rory Mullan KC

Rory Mullan KC

Head of Chambers

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