McClean & others (claimants/appellants) v Thornhill KC (defendant/respondent)
Monday 20 – Wednesday 22 March 2023
By appellant’s notice filed on 1 June 2022, the claimants/appellants appeal the order of Zacaroli J dated 8 March 2022 and 11 May 2022, whereby he dismissed the claims and made consequential orders.
The claimants were members of limited liability partnerships (“LLPs”) formed for the purpose of participation in the distribution of films. Participation in the LLPs was marketed to potential investors on the basis that they would be entitled to tax relief against their income or capital gains for trading losses that the LLPs were anticipated to make. The defendant is a barrister specialising in tax, who was engaged to provide advice on the tax consequences of the relevant schemes. The claimants claimed that the defendant owed them a duty of care in respect of the advice he gave and consented to being made available to potential investors. HMRC refused the tax reliefs claimed by the investors. It is claimed that the defendant’s advice was negligent.
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