Ross Birkbeck

LEGAL 500 2021: Ranked as a rising star –

‘An up-and-coming junior undertaking good work’

Chambers High Net Worth 2021: Up and Coming –

‘Intellectually brilliant’; ‘Really technical, really straightforward to deal with and very good at handling complex matters’

Called 2015, Inner Temple

Education:

2014-15 BPTC, City Law School, [Very Competent]

2013-14 GDL, City Law School, [Distinction]

1999-2003 BA Mathematics and Philosophy. Mansfield College, Oxford [First Class]

Ross’ thriving practice across all areas of tax law sees him regularly appearing in the Tax Tribunal, at both First Tier and Upper level, as well as in the High Court. He accepts instructions to advise or to act alone or as junior counsel in any area of Chambers’ practice. He is a member of the Attorney General’s London C Panel.

Particular areas of expertise include private client, close companies, SDLT, VAT, charities, disguised renumeration and judicial review. He also accepts instructions is the field of company and commercial law, and appears regularly in the insolvency court.

Ross is able to undertake instructions through Public Access.

Ross is the co-editor of The Taxation of Charities and Non-Profit Organisations, and the online moderator of James Kessler QC’s Taxation of Non-Residents and Foreign Domicilaries.

Ross Birkbeck Privacy Notice.

Recent Matters

Cases

R(M.Sport Limited v HMRC) [2021] (Court of Appeal)

Appearing in the Court of Appeal with Robert Vewnables QC on behalf of the taxpayer in a costs dispute following the issue and withdrawal of a follower notice and accelerated payment notice by HMRC.

HMRC v Embiricos [2020] UKUT 370 (TCC)

Appearing with James Kessler QC before the The First Tier Tribunal and Upper Tribunals, in regard to the scope of the Partial Closure Notice regime introduced by Finance (No2) Act 2017.

R(Zeeman and Murphy) v HMRC [2020] EWHC 794

Appearing in the High Court with Robert Venables QC on behalf of the taxpayer in a claim for judicial review of the controversial 2019 loan charges introduced by Finance (No2) Act 2017.

Golamreza Qolaminejite (aka Anthony Cooper) v HMRC TC/2017/03158

Appearing in the Upper Tribunal for the appellant on 5 issues which went against the taxpayer in the FTT, on grounds including that the standard of proof was incorrectly applied and that the Revenue are not permitted to bring contradictory cases against taxpayers in respect of the same transaction.

R(Crickmore Parks Ltd) v HMRC C)/83/2020

Appearing before Lewis LJ on a successful application to bring judicial review of an accelerated payment notice issued to the the taxpayer.

R(Westland Horticulture) v HMRC C1/2021/0236

Appearing with Etienne Wong in an application to bring Judicial Review of the decision of HMRC to diss apply a VAT policy to the taxpayer

Michael Brown v HMRC TC/2018/07808

In an appeal to the First Tier Tribunal against an assessment in respect of SDLT planning, Ross successfully defeated both the Revenue’s claim that the appeal was 4 years out of time, and their assertion that because the same planning had already been defeated in Geering v Revenue and Customs Commissioners [2018] UKFTT 233 (TC) the taxpayer’s case was unarguable.

Robing Duttson v HMRC TC/2019/05158

Ross successfully defended the taxpayer in a VAT dispute about the classification of a supply of an pre-fabricated art studio.

Andrew Brown BR-2018-001017

Ross successfully applied for the Bankruptcy of the debtor to be annulled and the petition dismissed.

Leonard v Bates [2020]

Appearing in the county court on behalf of the defendant conveyancing solicitor, in a claim for professional negligence

Articles

Lectures