![UT/2021/000192 - [2024] UKUT 00242 (TCC)](https://backend.juristeca.com/files/emisores/logo_ICfrj4g.png){kind=logo}
Remedy sought
Remedy sought
UBS’s claim accordingly seeks the following relief:
an order declaring HMRC’s decision not to exercise the 7A discretion to have been unlawful;
a mandatory order requiring HMRC within 14 days to exercise the 7A discretion to relieve UBS from its obligation to comply with the PAYE Regulations in respect of the delivery of the gilts to Mr Wood referred to above;
an order quashing the Regulation 80 determination issued to UBS on 24 March 2021; and
costs.
- Heading
- Introduction
- Background
- Ground 1 – Breach of Padfield principle
- Ground 2 - Misdirections of law and Wednesbury irrationality
- Remedy sought
- Parties’ submissions in summary
- Issues
- Misdirection that exercise of 7A premature because quantum of liability not established
- Misdirection and/or irrelevant consideration as to interaction between NICS and 7A
- Mistaken premise that UBS would not and/or could not be compelled to provide information relating to HMRC’s enquiries
- Does the combination of above factors mean that HMRC are bound to exercise the 7A discretion?
- Conclusions