UT (Tax & Chancery) UT/2022/000099 - [2024] UKUT 00184 (TCC)

Mr Bedenham accepted that it was in the interests of justice to reduce the costs award by 10% to reflect HMRC’s partial success, and that the sum should be further discounted so HMRC recovered their related costs.

We agree. We reduce the Appellant’s costs award by 10% to reflect the fact that HMRC was successful in part, and add a further discount of 5% so HMRC recovers their costs in relation to those deals. We recognise that 5% is an approximation, given that the costs claim submitted by the Appellant included both the strike out and substantive appeal, so the quantum of the latter has not yet been calculated. However, from the information before us we find that 5% is a reasonable approximation.