Strathy, J. ruled that a trial would be necessary to determine whether the claim was in fact statute barred, noting that even a «sophisticated taxpayer» could be found at trial to not know that damage had occurred and that a legal
proceeding against the solicitors would be an appropriate remedy, especially while the solicitors continued to advise that the CRA was wrong.
Not exact matches
Prior to qualifying as a
solicitor George gained 10 years legal experience dealing with police complaints, civil actions
against the police and
proceeds of crime (POCA).
Such thinking may have been the reason why two recent statutory appeals
against determinations of the SDT have
proceeded on the basis of common ground between the parties that the applicable standard of proof was the criminal standard: see Afloabi v
Solicitors Regulation Authority [2011] EWHC 2122 (Admin) and Law Society v Waddingham [2012] EWHC 1519 (Admin).