McClean v Thornhill

Subject Matter

BARRISTER — Negligence — Incorrect advice or information — Claimants entering film partnership schemes marketed as having particular tax benefits — Defendant barrister providing tax advice to scheme promotor — Schemes subsequently found not to have claimed tax benefits — Whether defendant owing duty of care to claimants — Whether defendant negligent in breach of duty

[2022] EWHC 457 (Ch); [2022] STC 1110, Ch D

NEGLIGENCE — Duty of care — Barrister — Barrister instructed by promoter of tax avoidance schemes writing opinions as to schemes’ effectiveness — Promoter with barrister’s consent making opinions available to potential investors — Whether barrister assuming responsibility towards investors so as to give rise to duty of care — Whether reasonableness of investors’ failure to take independent advice relevant

[2023] EWCA Civ 466; [2023] 1 WLR 3802; [2023] STC 868, CA

Appellate History

Commentary

RPC Perspectives
Duties to third party investors in tax avoidance schemes following McClean Case comment