R v Inland Revenue Commissioners, ex parte Unilever plc and related application

Citation:

[1996] STC 681

Judgment Date:

13 February 1996

Robert Venables QC, James Kessler and Amanda Hardy (instructed by Beachcroft Stanleys) for the applicants.

Judicial review – Loss relief – Claim – Validity – Refusal of relief on ground that claim not timeously made – No prescribed form for claim – Whether submission of estimated net taxable profits amounting to valid claim for loss relief – Whether claim should contain direct statement that relief being claimed.

Judicial review – Loss relief – Refusal of relief on ground that claim not timeously made – No prescribed form for claim – Submission of estimated net taxable profits within time limits – Claims made in similar form accepted in previous years – Whether Revenue had adopted a course of conduct leading applicant reasonably to believe that informal claims to loss relief acceptable – Whether Revenue acquiesced in such a practice – Whether applicant genuinely believed that such a practice existed – Whether unfair to allow Revenue to resile from such a practice without notice.

Judicial review – Loss relief – Refusal of relief on ground that claim not timeously made – Discretion to allow late claims – Submission of estimated net taxable profits within time limits – Claims made in similar form accepted in previous years – Whether applicant genuinely believed that claims validly made – Whether only reasonable exercise of Revenue’s discretion to allow late claims.