http://www.taxchambers.com/wp-conten...son-v-HMRC.pdf
The above case is an application for Judicial review by the taxpayer. He was successful.
Basically HMRC published guidance on how certain losses would be allowed in 2003. This was withdrawn and the position reversed in another HMRC guidance note on 2009. (And has I think been amended again since).
Taxpayer argued that HMRC were bound to honour the 2003 treatment as otherwise an unfair treatment between taxpayers arose.
The Judge agreed that this is something that should go to Judicial Review.
Long way to go, but potentially helpful.
See paras 71 et seq
The above case is an application for Judicial review by the taxpayer. He was successful.
Basically HMRC published guidance on how certain losses would be allowed in 2003. This was withdrawn and the position reversed in another HMRC guidance note on 2009. (And has I think been amended again since).
Taxpayer argued that HMRC were bound to honour the 2003 treatment as otherwise an unfair treatment between taxpayers arose.
The Judge agreed that this is something that should go to Judicial Review.
Long way to go, but potentially helpful.
See paras 71 et seq
