gunnercooke wins on UK law in cross-border case for taxpayer

July 6, 2021

Challenger law firm gunnercooke has won a cross-border case in favour of the taxpayer, its client Andreas Rialas, in a contentious litigation with HMRC.

The case, which was taken to the Upper Tribunal (Tax and Chancery), was won on UK law. Points argued included EU laws in relation to freedom of establishment.  

gunnercooke Partners and Barristers Alastair Wilson and Menna Bowen acted for Mr Rialas and the decision was given by Mr Justice Meade, a High Court Judge, and Upper Tribunal Judge Jonathan Richards.

The case has been under enquiry for over ten years and has been subject to a First Tier Tax Tribunal Hearing and subsequent Upper Tax Tribunal Hearing.

HMRC has indicated the matter will be taken to the Court of Appeal.

Wilson and Bowen commented: “We’re thrilled to have secured a positive outcome for our client in this case after a ten-year enquiry. This was a contentious tax litigation taking place in the UK but with significant cross-border issues, so we’re pleased to have won the matter on UK law.”