Upper Tribunal Tax and Chancery Chamber

[2025] UKUT 00185 (TCC)

Fecha: 09-Abr-2025

Findings of fact

Findings of fact

470.

We have already made the following findings about Ms James’s role in the Bank in the relevant period.

(1)

She was a member of the Disclosure Committee, see §89.

(2)

She was copied on the email from Ms Roberts which summarised the meeting with Mr Lane, see §162.

(3)

She attended the meeting of the Disclosure Committee which took place on 16 October 2018, the other attendees being Mr Arden and Ms Roberts. The Committee considered the text of the email from Ms Roberts, and “understood that, once fixed, further consideration would be given to whether a market announcement was required”; the action recorded was “continue to monitor”, see §§163-164.

(4)

She was copied on Ms Roberts’s note of the subsequent meeting with Mr Lane on 11 January 2019, and replied saying “Noted”, see §251.

(5)

She was not a member of CRPAC, the Audit Committee, or the Risk Oversight Committee, and did not attend any of the meetings of those Committees during the relevant period as a guest; she was not a member of the Board and she did not attend either the September or October Board meetings as a guest.

471.

In their witness evidence, both Applicants refer to Ms James’ attendance at the Disclosure Committee meeting, and Mr Arden also says that she “relied heavily on Linklaters for legal support” but neither Applicant makes any other substantive references to her involvement or role. Ms Gillan’s evidence was that the regular communications between Ms Roberts and Linklaters was “frustrating for Sally-Ann James (General Counsel) as she had little control over the fees that built up as a result”.