James Kirby appears in the Court of Appeal in BCM Cayman Ltd v HMRC
16th Oct 2023
On 12 October 2023, the Court of Appeal gave judgment in BCM Cayman Ltd v HMRC  EWCA Civ 1179. This is the latest instalment in a long-running saga of tax litigation concerning the affairs of the BlueCrest fund management business. The Court of Appeal dismissed the taxpayers’ appeal in relation to £32m of disputed corporation tax.
The appeal raised a series of important questions in the law of partnerships, limited partnerships and LLPs, as well as tax law. Of particular interest is the court’s decision that an unincorporate entity (such as a partnership) cannot itself be a member of an LLP (contrary to the views of some commentators). The judgment is available here.
James Kirby was instructed as junior counsel by the successful respondents, HMRC.
James Kirby Call 2017