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28 July 2011 / Jamie Potter , Charles Brasted
Issue: 7476 / Categories: Features , Public , Tax
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The upper hand?

When does the First-tier Tribunal have a supervisory jurisdiction, ask Charles Brasted & Jamie Potter

The search for the boundaries—and bases—of a supervisory jurisdiction in the First-tier Tribunal continues. The first foray was made by Sales J in Oxfam v HMRC [2009] EWHC 3078 (Ch), [2009] All ER (D) 326 (Nov) where he concluded that the basis for such a jurisdiction in the finance and tax chamber of the First-tier Tribunal (and its predecessors) could be found in certain sub-paras of s 83 of the Value Added Tax Act 1994.

Since that decision, in which Sales J himself recognised his observations were obiter, a number of First-tier Tribunal judges in the finance and tax chamber have accepted at least a limited supervisory jurisdiction. The tax and chancery chamber of the Upper Tribunal is yet to consider the issue, although, in December 2010, Mr Justice Warren, president of the tax and chancery chamber of the Upper Tribunal, sitting with Judge Avery Jones CBE as both the First-tier Tribunal and Upper Tribunal in a directions hearing, recognised that the issue of the First-tier

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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