header-logo header-logo

19 January 2012 / Kate Balmer , Jonathan Fisher KC
Issue: 7497 / Categories: Features , Tax , Mediation
printer mail-detail

Big business

Jonathan Fisher QC & Kate Balmer tackle mediation in larger scale tax cases

 

The use of mediation in civil litigation practice, as a form of alternative dispute resolution (ADR), has become increasingly commonplace in recent years. Most notably, interest has increased following the advent of the Civil Procedure Rules in 1998 and the government-wide ADR pledge in 2001 (renewed last year). Until now, however, the use of mediation within the tax field has been rare in the UK. This position may be contrasted with that in other countries, such as the US and Australia, in which mediation has long been used to resolve tax disputes. In Australia, a leading academic writer (Fayle, Mediation in Tax Disputes (1999)) has recently commented that “there are many instances where mediation may assist in resolving the dispute more equitably, more efficiently, more economically and more satisfactorily, leaving relatively untrammeled the relationship between disputants”.

Notwithstanding, the introduction of express provisions relating to mediation in s 24 of the Tribunals Courts and Enforcement Act 2007 and ADR in reg 3 of the First-tier Tribunal (FTT) Rules
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Aggressive sales tactics can add up to fraudulent trading even without proof of a particular deception or financial loss
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
back-to-top-scroll