Taking a Dispute to the First-Tier Tax Tribunal, Appeals and Demystifying Judicial Review

WORKSHOP: In-Person & In-Depth

10 October 2023 - Radisson Blu Edwardian Kenilworth, London

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The type of disputes which can be dealt with at FTT include all those relating to income tax, capital gains tax, corporation tax, VAT, stamp duty and SDLT. This workshop will review the main aspects of and issues arising on preparing and taking a dispute to the FTT and related issues relating to judicial review.

In just one day understand:

Why and how do you obtain
a closure notice

Tips and
litigation strategy

Demystifying judicial review and tax
disputes: Uses, what is involved and pitfalls

What if you need to request
bespoke directions?

Interviewing
witnesse

The FTT decision has not gone in your favour
- What next

Appeals to the Upper Tribunal and beyond
– What is required

Why you should attend:

After attending this workshop, advisers will feel equipped to engage in the dispute process, which may either be with a specialist tax litigator but also taking a case themselves. There will be a range of disputes where due to cost constraints the client may prefer to use the original adviser whilst more complex disputes will require the participation of a specialist.

Who should attend:

The course will serve to demystify the FTT and judicial review process for general tax practitioners and equip you with the knowledge required to explain the resolution process to your clients.

It is relevant to all lawyers, accountants, tax practitioners whether in private practice or employed in house, and general legal practitioners who wish to advise clients on taking a dispute to the First-tier Tax Tribunal (FTT).

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Your workshop leaders

Julian Hickey Barrister
Exchequer Chambers

Richard Clayton KC Barrister
Exchequer Chambers

All Speakers

Workshop style and timings

This workshop is designed to be participative throughout. The agenda will combine key formal presentations, case studies and syndicate discussion sessions. There will be ample opportunity for delegates to benchmark experiences with industry peers and raise issues of most concern to their organisation, either confidentially or in open

6.5 Hours Of In-Depth Content

9:30 - 4.00pm

Workshop Topic	Subject Matter
How to obtain a closure notice	Scope of taxpayer right to apply for a closure notice Jurisdiction and powers of FTT Making the application
Dealing with an HMRC decision letter	Is there a right of appeal? Appeal v offer to review Maximising opportunities under the review process How to deal with a late appeal
Notice of appeal and grounds of appeal	Appeal process for direct and indirect appeals Key points on preparing and completing a notice of appeal Key points on preparing and completing grounds of appeal - the opportunity to engage in written advocacy VAT and hardship applications
Allocation of appeal	Standard and complex case allocation Issues arising from allocation
Case preparation	Strategic review Review of facts/documents Preparation of chronology Preparation of issues matrix Review of law/statute/case law
Case management: common directions and request for bespoke directions	Directions timetable Common elements: statement of case, list of documents, witness statements Bespoke directions: statement of agreed facts, hearing date, expert witnesses, privacy of hearing, lead case application
HMRC statement of case	What to do on receipt of the statement of case Requesting further and better particulars from HMRC Reply to a statement of case
List of documents	Disclosure of documents: scope of legal professional privilege Undertaking a review of documents Inspection of documents: practical issues
Witness statements	How to take a witness statement Interview of witness Form of witness statement
Agreed statement of facts	Purpose and limitations
Skeleton arguments	Purpose and preparation
Preparation for the hearing and at the hearing	Key aspects of preparation What to expect at the hearing The tribunal: composition
Dealing with the FTT decision	Review of decision How to appeal, if appropriate
Demystifying judicial review and tax disputes	Uses What is involved Pitfalls
The Decision Maker	Who are the Judges? What is the Judge looking for in the First-tier Tribunal? What are Judges looking for on appeal (Upper Tribunal, Court of Appeal, Supreme Court)

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