Commercial Litigation

At JHA, we have an established team of commercial litigation lawyers and QCs, which collaborate to deliver an effective case strategy, built around the clients’ commercial objectives. Our extensive experience and expertise are complemented by an agile approach. We are often able to complete a conflict check-in less than one hour, meaning we can start work at short notice for clients with time-sensitive needs.

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Tax Disputes

JHA’s contentious tax practice brings together barristers, solicitors, chartered tax advisors and accountants. Together, we deliver a cohesive, considered and effective approach to advising and representing clients through all stages of a dispute.

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Insolvency Litigation

JHA brings its extensive contentious experience to matters of financial distress, including restructuring advice and insolvency litigation. Our experience extends to advising insolvency practitioners, creditors, debtors and committees on all aspects of restructuring and insolvency-related disputes.

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Arbitration continues to grow in popularity as a means of resolving commercial disputes quickly, effectively and confidentially. In response to this increased demand, our arbitration capability has similarly grown and, using our depth of experience and understanding of the arbitration process, we continue to guide clients in a manner to fit their commercial objectives.

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An investigation can be a daunting prospect, with the requirements of resource and time alongside the potential threats to reputation and even license to operate. We provide unrivalled strategic advice and maintain long-standing working relationships with the SFO, FCA and other foreign regulators, to achieve the best possible client outcomes.

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Costs Litigation

The overseeing and recovery of costs is a core part of every dispute.  Spiralling costs or the ability to obtain payment are major client concerns. At JHA, we make the process efficient and easy for our clients, which include in-house legal teams and other law firms.

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An Assessment to Tax is never ‘stale’, but it might be out of date: HMRC v Tooth

This article briefly discusses the key points arising out of the decision of the UK Supreme Court in HMRC v Tooth [2021] UKSC 17.  The case considered (1) whether a discovery assessment could become “stale” and (2) the meaning of the phrase “deliberate inaccuracy”.

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VATA 1994 s.47, Agency, Onward Supply Relief, & Double Taxation

On 12 July 2021, the First-tier Tribunal (Tax Chamber) (“FTT”) released its decision in Scanwell Logistics (UK) Limited v HMRC [2021] UKFTT 261 (TC), rejecting the taxpayer’s claim for onward supply relief (“OSR”).

Whilst OSR is now limited, post-Brexit, to goods imported into Northern Ireland for onward supply to the EU, the FTT’s discussion of agency under section 47 of the Value Added Tax Act 1994 (“VATA”) is of broader interest.

The case serves as a reminder of the significant financial consequences that can result from errors in tax planning, as Scanwell was ultimately held liable for £5.7 million in unpaid import VAT despite the fact that the imported goods almost immediately left the UK (which, if properly planned, could have meant Scanwell was relieved from liability to import VAT).

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Draft Finance Bill 2022—tax avoidance measures

Helen McGhee, senior associate at Joseph Hage Aaronson LLP, considers the draft Finance Bill 2022 clauses published on 20 July 2021 in relation to tax avoidance and recent updates to the tax avoidance regime.

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