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

Mr Horn and Rajen Shah were familiar at the time with the form and content of the CANs issued by SCP (during their time at Solo), Indigo, NCB and (in Mr Horn’s case) Lindisfarne. They had also seen and familiarised themselves with SKAT’s Form 06.003, when considering the deployment of the Solo Model to trading in Danish shares. They knew that the essential purpose of the custodians issuing CANs was so that they could be used to support tax refund claims, and that the CANs themselves had to be, would be, and were in fact, sent to SKAT with the tax reclaim form.

Mr Dhorajiwala was also familiar at the time with the form and content of the CANs issued by SCP (while he was at Solo), Indigo and NCB. He knew that they were a key part of making tax refund claims, and that they were provided to the Tax Agents to support the making of such claims. He assumed at the time that CANs were sent to SKAT as part of the submission of tax refund claims, but (I find) was never told in terms, and did not know for sure, that that is what happened. He was aware that a tax reclaim form had to be used, but he did not familiarise himself with SKAT’s Form 06.003 or otherwise become aware of its particular content at any material time.

As I said when considering Sanjay Shah’s understanding or intention as regards what, if any, representations were being made (paragraph 65 above), it is not so obvious that the representations alleged by SKAT would be made by them that familiarity with the documents is a basis for inferring an understanding or intention that those representations would be made.