No unfairness

HMRC’s decision to restrict the benefits of the LDF

The taxpayers operated employee benefit trust schemes (EBTs). After discussions between their adviser and HMRC the taxpayers applied to be registered under the Liechtenstein disclosure facility (LDF) in respect of them. In August 2014 HMRC refused to allow the full terms of the facility because when they applied an enquiry into the EBTs was under way.

Their application for judicial review was rejected by the High Court. The taxpayers appealed saying the court had failed to take into account all relevant considerations it had misdirected itself as to the law governing challenges on grounds of conspicuous unfairness and its analysis of HMRC’s decision-making process was flawed.

The judges in the Court of Appeal said there was no substance to the taxpayers’ complaint that the High Court had misdirected itself in law on unfairness. There...