Tag Archives: Precedence

Court Judgements Do Not Apply Outside of the Specified Claimants

Often the point is made by tax-payers that if a court makes a certain judgement is not possible to wait for that judgement and to then have it applied to their own circumstance.

Were it to be so simple!

Each case rests on its own merits and on the merits of the evidence presented for claimant/claimants.  In a tax dispute it is certain that HMRC would contend  there is no precedence between a tax-payer’s situation and those of another case.  HMRC would most likely ask that a tax-payer goes to court to separately defend their position.  Of course, HMRC knows that most tax payers cannot afford this route by themselves and so there it ends.

Our experience is that the case that LTAG will present will be applicable to its claimants and solely to those.