In Derrin Brothers Properties & Others v HMRC HSBC and Lubbock Fine [2016] EWCA Civ 15 the Court of Appeal found that third party notices had been rightly issued.
The Australian Tax Office (ATO) had requested HMRC to provide documents and information held by Lubbock Fine HSBC Lloyds Bank and Barclays Bank relating to several UK companies (for which Lubbock Fine provided nominee directors and shareholders) which were believed to be managed and controlled in Australia and therefore Australian resident. The ATO suspected that substantial amounts of Australian tax had been avoided by Australian individuals.
HMRC therefore sent ‘precursor letters’ to all the proposed recipients of third party notices (FA 2008 sch 36). The FTT approved the notices which were then issued requesting business records and confidential information. Judicial review proceedings for the quashing of the notices had failed. The applicants contended that...
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