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Tax Negligence Specialists

Tax Negligence

FS Litigation is one of the UK’s leading firms for claims arising from negligent tax advice and failed tax mitigation schemes. Ranked Band 1 in Chambers & Partners and Legal 500, we are particularly noted for our expertise in high-value, high-profile tax negligence disputes.

We are one of the few truly specialist litigation practices in the country, acting exclusively for claimants: high-net-worth individuals, business owners, trustees and professionals who have suffered significant financial and reputational loss due to negligent or conflicted advice from accountants, tax advisers and scheme promoters. Our lawyers have led some of the most complex multi-million-pound claims in this field — including those involving film partnerships, trust structures, EBTs and EFRBS — and our lawyers are regularly consulted by the Financial Times, The Times, Citywire and the BBC for comment on high-profile cases.

A significant proportion of our work involves secret commission claims, where clients were not informed that advisers received undisclosed fees for recommending aggressive or unsuitable tax schemes. In such cases, limitation periods may be extended significantly — often making claims viable when clients assumed they were out of time.

FS Litigation’s expertise and reputation in professional negligence claims is reflected in both the firm and its lawyers’ Band 1 ranking in Chambers and Partners where it is one of only three firms ranked, the other two firms being defendant-insurer firms.

Our Expertise

We have acted in disputes involving a wide range of failed tax mitigation and avoidance schemes, including:

  • Film Scheme Partnerships – Eclipse, Ingenious, Big Screen Productions, Scion
  • EBTs / EFRBS – including Clavis and OneE arrangements
  • Enterprise Investment Schemes (EIS) / Enterprise Zone Trusts (EZTs)
  • Gold bullion schemes – e.g. Goldfinger
  • Spread betting schemes – e.g. Root2/Alchemy
  • Disguised remuneration structures – Qubic and other loan/pension arrangements

"FS Litigation has a national reputation for high-profile, multi-million pound 'big ticket' litigation, in particular tax negligence claims, having recovered seven-figure settlements.”

Legal 500

“The team is especially skilled acting on high-value tax-related disputes.”

Chambers & Partners

“Described by some as the only pure financial services litigation firm outside London – its team is the envy of many of the top law firms it comes up against.”

Legal 500

“Litigation boutique FS Litigation is highly regarded as a claimant firm, particularly in tax negligence and professional services”

Legal 500

Strategic Approach

Tax negligence litigation is among the most technical, complex and demanding areas of professional negligence. Matters frequently involve multi-party, multi-jurisdictional issues, complex trust/partnership structures, and parallel HMRC/regulatory investigations. Success requires specialist litigators. Our dedicated tax negligence team has operated since 2012 and has been advising on multi-million-pound claims for well over a decade.

We field a cross-disciplinary panel of external advisers — leading tax counsel, forensic accountants and tax experts — and we work alongside specialist tax advisers to secure the best achievable terms with HMRC on any outstanding liabilities. This ensures litigation strategy and settlement strategy move in lockstep, with losses properly quantified, particularised and mitigated.

A significant proportion of our instructions come by referral — from former clients, professional advisers and, on occasion, even opposing firms — reflecting the market’s confidence in FS Litigation for high-value, technically complex disputes.

Funding Options

High-value litigation requires careful consideration of costs and risk. FS Litigation offers sophisticated funding arrangements, including:

  • Conditional Fee Agreements (CFAs)
  • After-the-event (ATE) insurance
  • Damages-based agreements in appropriate circumstances
  • Third-party funding in appropriate cases

Around 90% of our tax negligence cases are conducted on a contingent basis. Every case is assessed rigorously to ensure it meets the evidential and commercial standards required for a successful outcome. For further detail, see our dedicated page on managing litigation costs.

Managing Litigation Costs

"FS Litigation has given me a first class service in achieving successful outcomes at every event and at every obstacle that has been thrown in front of us."

"You are hiring an entire team of professionals, not just a select group of lead lawyers – this is the team’s difference, and the difference is everything. I have no hesitation in recommending the entire team"

Client testimonial

Case Study

£15 million losses pursued in alleged negligence and undisclosed commissions claims. FS Litigation is acting on a fully contingent basis to recover over £15 million for our client in claims against their former accountant, former solicitors, King’s Counsel, and various Qubic entities

Qubic Tax Scheme  - £15 million Losses pursued in alleged Negligence and Undisclosed Commissions Claims

Acting on a fully contingent basis to recover over £15 million for our client in claims against their former accountant, former solicitors, former King’s Counsel, and various Qubic entities

Read more
View all Case Studies

Related Services

  • Professional Negligence

    Our lawyers are individually recognised as experts in their field and FS Litigation itself is renowned nationally for combining technical expertise with the tactical judgment needed to achieve results in the most challenging circumstances.

    Find out more
  • Pensions and Investments Litigation

    Our expert lawyers have secured seven-figure settlements in complex, high-value disputes concerning failed investments, negligent pension transfer advice, SIPP and SSAS pension disputes and Unregulated Collective Investment Schemes (UCIS).

    Find out more
  • Commercial Litigation

    Commercial disputes are often high-stakes, complex and business-critical. They can involve contracts worth many millions, urgent injunctions, or shareholder and partnership disagreements that determine the future of a business.

    Find out more

Industry Rankings

Our accreditations affirm our position as a leading commercial litigation firm. These independent legal directories conduct in-depth research, including thousands of interviews with clients and peers, to identify and rank the top firms and individuals in the UK.

Being ranked is a testament to our technical legal ability, commercial astuteness, and unwavering commitment to client service. It’s an external validation of the exceptional quality and results we consistently deliver for our clients.

"FS Litigation has a national reputation for high-profile, multi-million pound 'big ticket' litigation, in particular tax negligence claims, having recovered seven-figure settlements."

Legal 500

"Litigation boutique FS Litigation is highly regarded as a claimant firm, particularly in tax negligence and professional services"

Legal 500

"Particularly strong in the areas of financial services, pensions and tax schemes."

Legal 500

Get in Touch

Where negligent tax advice or a failed scheme has caused you or your business substantial loss, our Band 1-ranked team can advise on the most effective recovery strategy.

Contact us in confidence on 0161 714 4520 or via our secure enquiry form.

0161 714 4520info@fslitigation.co.uk
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0161 714 4520info@fslitigation.co.uk
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