CL-2018-000297, CL-2018-000404, CL-2018-000590, - [2025] EWHC 2364 (Comm)

I agree with SKAT that Mr Bains was aware throughout his involvement with the Solo Model that CANs such as those issued by SCP, a number of which he signed himself, were issued on the back of the trading, and that he understood at the time that the clients wanted such documents to support tax refund claims that would be submitted on their behalf by the Tax Agents. I do not accept that the evidence showed him to be aware that the CANs themselves would be or were being sent to the tax authorities. He assumed that there would be a Form for the making of tax refund claims that the Tax Agents had to use, but I could not say on the evidence that at the time he was familiar with Form 06.003 as the actual Form that was supposed to be used for Denmark. He saw the CANs themselves as confirming information to the client about what had happened on a trade it had done, which involved a “kind of net dividend”. Beyond thinking that it would be the Tax Agents’ job to know what was required for submitting a tax refund claim, including what (if anything) had to be said to the tax authority in question, Mr Bains gave no thought at the time to what, if any, statements were being made to SKAT by or with the tax refund claims generated by Solo Model trading.