Upper Tribunal Tax and Chancery Chamber

UT (Tax & Chancery) UT-2022-0000150 - [2024] UKUT 00254 (TCC)

Fecha: 10-Jul-2024

The meeting on 10 December 2012

The meeting on 10 December 2012

236.

When Ms Yazdani asked Mr Kalaris about his meeting with Ms Mansfield, Mr Tinney and Mr Mason on 10 December 2012, the following exchange took place:

“Ms Yazdani: How did Mr Tinney described Genesis Ventures’ outputat this meeting?
Mr Kalaris: The only thing I do recall is that he was clear that there was not a report. I don’t recallhow he described or if he described anything other
than that detail.”
Ms Yazdani: Did you get the impression that there were some sort of notes or any sort of physical document in existence?
Mr Kalaris: I did not, no.
Ms Yazdani: You didn’t get that impression?
Mr Kalaris: No. No.”

237.

However, Mr Kalaris accepted under cross-examination that:

(1)

at the meeting on 5 April 2012, he knew that either Mr Biesinger or Mr Wall were “going through a document or notes” on the phone;

(2)

at the meeting on 18 April 2012, he knew Mr Wall was “reading from something” and was “not giving us this information off the top of his head”; and

(3)

in relation to the draft letter to Mr Jenkins, which had referred to GenVen’s “interview notes and working papers”, when Mr Stanley asked him “You certainly knew there had been interview notes and working papers in existence”, Mr Kalaris responded “I presume that would be the case, of course, as any consultant would have had”.

238.

We accept that Mr Kalaris may have understood Ms Yazdani’s questions as relating to the meeting on 10 December 2012, and it may therefore be true thatMr Kalaris did not obtain any information from Mr Tinney about notes or documents at that meeting. Nevertheless, at that time he already knew there were notes and documents in existence, and his reply therefore lacked candour.