In R on the application of Derrin Brother Properties v HMRC (CO/3091/2013 – 15 April 2014) the High Court dismissed an application for judicial review of HMRC’s decision to issue information notices under FA 2008 Sch 36.
Under the Double Tax Convention between Australia and the UK the Australian tax authorities (the ATO) had requested HMRC to obtain information on a scheme implemented by 24 companies with the assistance of Lubbock Fine in the UK. The accountancy firm had provided nominee directors and shareholders to UK incorporated companies beneficially owned by Australian residents. The tax at stake was AUD 230m.
Having obtained approval from the FTT HMRC served the information notices on Lubbock Fine and HSBC which held the information requested by the ATO.
As there is no appeal procedure against such notices three of the companies (the ‘three claimants’) initiated judicial review proceedings. They...
