Funding matters by Matthew Sharp

Matthew Sharp asks: is it possible to get funding for tax disputes?

The familiar problem is this: a tax disputes adviser – solicitor or accountant – has a client with a strong case, but the cost of challenging HMRC is prohibitive to them. Faced with the prospect of unrecoverable professional fees, many advisers and clients have simply walked away from winnable and potentially precedent-setting matters. But is that really the best option?

Could we, as tax advisers, do more to explore alternative ways of funding disputes – especially ways that don’t rely solely on the traditional private fee-paying model?

This article looks at the world of litigation funding in tax disputes and outlines some options advisers could consider. At the outset, a word of warning: litigation funding is a complex and technical area, and there are several regulatory bear traps. Any adviser stepping into this space should do so with caution and, where appropriate, take legal advice.

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