Addington Chambers

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Michael Ashe KC

Michael Ashe KC

Call Date: 1971 Michael Ashe is a Full Member of Addington Chambers. He practises as an advocate and gives advice on business and finance law, particularly in commercial Chancery, company law, contract, financial services, partnership, tax and conflicts of laws matters. He also practises at the Bar of Ireland www.lawlibrary.ieMichael also undertakes advocacy and advice in other common law jurisdictions and has appeared as an expert witness on English and Irish law in foreign courts. He is also a canon lawyer in the Catholic Church.He was called to the Bar of England and Wales in 1971, to the Bar of Ireland in 1975 and to the Bar of Northern Ireland in 1993. He was appointed Queen’s Counsel in England & Wales in 1994 and in Northern Ireland in 1998. He was appointed Senior Counsel in Ireland in 2000. He was a Recorder of the Crown Court from 2000 to 2019 and is a Master of the Bench of Middle Temple.He has published legal articles and textbooks, particularly in the areas of the law of money and injunctions (in Halsbury’s Laws of England) and on Insider Dealing, Financial Services and Anti-money laundering. He is Co-Chairman of the Cambridge International Symposium on Economic Crime
Charlotte Brown

Charlotte Brown

Call date: 2007Charlotte is an Associate Member of Chambers, based in Manchester. Her practice encompasses all taxes and tax-related matters with specific expertise in indirect tax litigation. She represents clients as sole Counsel in complex cases of significant value and novel points of law, often appearing against London Counsel of greater seniority. Her approach is pragmatic and commercial, and she works closely with clients throughout.Charlotte represents both taxpayers and HMRC. She is authorised to conduct litigation and accepts Public Access instructions, so is able to provide a full service throughout the litigation process. Charlotte often works collaboratively as part of a team from the beginning of a dispute and advice on the merits to the final hearing or settlement.Cases of significance include: • HMRC v. Logfret (UK) Ltd [2018] UKUT 422 (TCC) (duration of duty suspended movement and whether an irregularity occurs if goods do not arrive within 4 months)• Cheshire Centre for Independent Living v. HMRC [2019] UKFTT (TC) (application of the VAT welfare exemption to a supply of payroll services to disabled customers hiring a Personal Assistant)• The Ice Rink Company Ltd & Anor v HMRC [2020] UKFTT 0350 (TC) (VAT appeal remitted from the Upper Tribunal regarding the characterisation of a package supply of the hire of children’s ice skates and rink admission) • HMRC v Cheshire Centre for Independent Living [2020] UKUT 0275 (successful costs application against HMRC for unreasonable behaviour)For further details on Charlotte’s practice and latest cases, please visit her Addington profile https://addingtonchambers.com/
Peter Bruckner

Peter Bruckner

Associate Member of Addington Chambers. Authorised to practice: New South Wales, AustraliaPeter is a member of the Bar of New South Wales, Australia, specialising in tax, tax investigations, commercial law and chancery. He practises in all Australian superior court jurisdictions. He has appeared as lead counsel in the High Court of Australia (UK Supreme Court equivalent) and myriad state and federal courts of appeal (UK Court of Appeal equivalent). He advises on all aspects of taxation law in Australia, including stamp duty, capital gains tax, taxation of corporate groups and cross-border transactions, in context of commercial restructures and resolution of tax disputes.Peter is generally engaged by solicitors and accountants to act for taxpayers, however a significant portion of his practice has involved acting for the Crown. He is a member of a Crown panel. Peter is also well-known to senior tax officials in respect of the resolution of high-value disputes.Prior to being called to the Bar, Peter practised as a solicitor at Mallesons Stephen Jaques (now King & Wood Mallesons), a top-tier law firm, in banking and finance law and state taxes.He previously worked at ANZ Bank’s Global Treasury, in fixed interest, derivatives, foreign exchange and project finance.
Lynne Counsell

Lynne Counsell

Call date: 1986Lynne is a Full Member of Addington Chambers. Her two areas of expertise are private client (traditional Chancery work such as probate procedure, accounts, Inheritance Act claims, Court of Protection matters, cases under the Variation of Trusts Act 1958, mutual wills, construction of wills and trusts) and financial services (interpretation of the FSMA 2000, collective investment schemes, regulatory issues and the marketing of investments).This is with a particular emphasis on drafting but also includes advisory and litigation work. Drafting comprises the drafting and interpretation of wills and trusts as well as commercial documents.Lynne is the author of numerous books, including various volumes of Atkin’s Court Forms. This gives a unique insight into drafting, procedural and legal issues and means, for example, she has won cases on more obscure causes of action such as account stated.She is also on the expert panel for LexisNexis Q&A – Private Client and LexisNexis Q&A – Commercial Lynne has given numerous lectures and seminars on the “Mental Capacity Act 2005 and the Court of Protection”, including for Leeds Law Society.
Cornwell Dauds

Cornwell Dauds

Cornwell Dauds is an Associate Member of Addington Chambers. Authorised to practice: South AfricaCornwell obtained advanced qualifications in tax in three jurisdictions – South Africa, the US as well as the UK. He practises in all aspects of tax offering drafting, advisory and advocacy services in corporate tax, income tax, capital gains tax and VAT, including judicial reviews. His advanced qualifications in finance and accounting allows him to confidently advise clients on corporate finance and structured finance transactions. His advocacy skills have been sharpened by his advanced training in the art and skills of trial advocacy and regular appearances before the Tax Courts and High Courts of South Africa. He has also published widely in tax.Cornwell also practises in competition law and has been involved in issues related to cartel practices, excessive pricing and abuse of dominance. He often appears before the Competition Tribunal of South Africa and has published in this practice area.Cornwell’s commercial law practice includes, among others, breach of contract claims, professional negligence, insolvencies and property-related claims. He appears regularly in the High Courts of South Africa representing clients.
Peter Harris

Peter Harris

Call date: 1980An Associate Member of Addington’s Chambers, Peter has a bi-lingual French and English practice assisting clients and professionals in matters arising between France and the United Kingdom. He practices from www.overseaschambers.com in Jersey Channel Islands where he is regulated by the JFSC as a legal practitioner. Peter has intervened in several areas of EU private International law with fiscal implications, specifically in the areas of the recent Succession Regulation and Matrimonial Property Régime Regulation. He has also practiced in the fiscal implications of Shari’ah law in France, and for example, advised City Solicitors on obtaining recognition of Saudi Treaty residence for a deceased in a French succession issue by a post mortem payment of Zakat to a Saudi Mosque. His English practice is primarily an advisory capacity in Revenue, Probate, Chancery or Commercial issues in England, and assists English clients in French legal and fiscal issues in areas of property law, succession, and trusts. He accepts instructions in French and in English from an international clientele. Practice areas Tax Chancery and Commercial French revenue law and related legal issues EU law Current Specialisations Tax disputes: preparation and resolution with HMRC and French Tax administration. The use of UK structures, LPs and LLPs as investment holding vehicles for Private Equity and Fund investments in the UK and in Europe by French residents, pre and post Brexit. The tax treatment of civil law property structures in England; usufruits. matrimonial property régimes etc., gifts and other transfers between France and the UK. Tax Treaties between France and the United Kingdom: Income tax, Corporation and Succession duty. The taxation of trusts in France. Recent Instructions Advising a family on whether a Trust fell foul of the French 2011 legislation: advice confirmed by a decision of Tribunal de 1er instance de Paris and upheld on appeal. Issues of domiciles of dependency prior to the 1973 Act and reversion to the dependant spouse’s domicile of origin when the husband deceased prior to 1974. Successful negotiations with HMRC on French Usufruits. Use of the notion of jouissance. Advising on the tax and compliance treatment of English LLPs in a Franco-British investment context. Assisting the Centre notarial de droit Européen at Lyon in implementing a system for succession to for French immovables using the pre-1897 English common law jurisdictional rules when the succession is governed by English law. Intervention with Taxud3 of the European Commission on a breach of the Freedom of movement of capital. SDLT: classification of usufruit/nue-propriété dismemberments as not constituting apparent ownership in the context of the Temporary Relief scheme. Publications   Droit et Patrimoine: La requalification abusive de l’usufruit en trust ou settlement enfin révisée. DROIT & PATRIMOINE n N°238 n JUILLET 2014. Droit et Patrimoine: Le traitement de la donation de la nue-propriété d’un immeuble français par une personne « domiciled » au Royaume-Uni : DROIT & PATRIMOINE N°193 – JUIN 2010. The Tax Planning Review: Usufruits: The Freedom of Movement of Capital and their Taxation in the EU : The Tax Planning Review, Volume 1, 2012-13 The Tax Planning Review: French Usufruits and s.43(2) IHTA 1984 Carrying burning coals to Newcastle in the flickering light of Philipson-Stow v. IRC. The Tax Planning Review, Volume 7, 2018-19. British Tax Review: Abus de droit in the Field of Value Added Taxation. [2003] BTR: No.2 p. 131. Conveyancer and Property Lawyer: The convention d’indivision and the tontine: a short comparison of two methods of owning French residential property. Conv. 2001, Mar/Apr, 141-153. Co-authored with Stephen Smith, Solicitor.Speaking and lecturing Digital Services Taxation: Jersey Business School. Oxford Offshore Symposium: Jesus College (2006 – 2011). Lecturer in French TVA at Queen Mary’s College, London (2004 – 2005). STEP Jersey: Tontines. Peter is licensed for  Direct access instructions, Administration of Oaths, Immigration and Probate activities.
Dominic Hodge

Dominic Hodge

Call Dates: South Africa – 2011New York – 2016England and Wales (Lincoln’s Inn) – 2018Dominic is an associate member of Addington Chambers and authorised to practice in South Africa and New York. While Dominic practises in all areas relating to tax and trusts, he has a particular interest in international tax and contentious trust matters. In addition to taxation and trusts, Dominic’s advisory, arbitration and litigation practice includes the areas of construction & engineering, data protection, information technology, insolvency, intellectual property and privacy.Practice areas:Commercial ChanceryConstruction & EngineeringData Protection & PrivacyInformation TechnologyInsolvencyIntellectual PropertyTax & Trusts
Peter Mason

Peter Mason

Peter Mason is an Associate Member of Addington Chambers who specialises in indirect taxes. He is a Barrister, Chartered Certified Accountant and Chartered Tax Adviser with wide experience working in Customs and Excise, industry for the banking and insurance sectors, and more recently as a Consultant and lawyer. He specialises in Value Added Tax and also advises on other sales taxes in the UK such as Stamp taxes. He also advises on the application and effect of EU VAT law, in the UK and Europe. Peter likes to deliver solutions, so his practice is based on three areas, advisory, planning and litigation. He advises business, individuals and not for profit organisation on a wide range of queries, and his planning ideas are always firmly rooted in valid proposals that fit within the rules and purpose of the law. Peter is authorised to conduct litigation and can accept direct access instructions. Peter also advises international clients and suggests planning ideas and legal proposals that align with the letter and spirit of the laws they operate in and has looked at optimisation solutions for sales taxes, including “transaction privilege taxes” in other jurisdictions as far away as Arizona.  Cases Wagon Finance Ltd v Commrs Customs & Excise (CCE) [1999] UKVATTR 16288 Obtained VAT exemption on HP Admin fees: Win. Abbey National Plc v CCE [2001] CJEU Case C-408/98: Ground breaking case obtaining deductibility of VAT on selling costs on transfer of going concern- a legal fiction which creates an ‘in-business non-supply’ for VAT purposes: Win. Abbey National Plc v CCE [2001] UKVATTR 17506: Obtained exemption for outsourced collective investment fund management: Win Abbey National v CCE [2005] EWHC 1187(Ch): Challenge to the regulations imposing straight line apportionment for bad debt relief for impaired HP and conditional sale finance agreements. Lost the case but won the battle the law was changed shortly afterwards. Abbey National v CCE [2006] CJEU Case C-168/04: Case referred to Europe on the back of the French Conseil’D’Etat ruling in Sogefonds SA, and obtained exemption for administration fund management for collective investment funds: Win. Abbey National v CCE [2006] EWCA Civ 886: Case concerning whether a virtual assignment of property was letting or leasing of immovable property: Part win. Cabvision Ltd V Revenue and Customs Commissioners (RCC) [2013] UKFTT 674(TC): Acted as Counsel in a complex case concerning direct tax based structured finance arrangements, and whether a credit note could be issued: Taxpayer win. Intelligent Managed Services Ltd v RCC [2105] UKUT 341: Acted as Counsel in First-tier Tribunal and in appeal to Upper Tribunal (led by QC) on whether business sale into a VAT group could be a transfer of a going concern: Taxpayer win. Represented a barrister in an appeal against assessments and determination of personal tax liability under self-assessment, case settled before hearing: Taxpayer win. Publications Tax Journal 26 July and 2 August 1999: VAT and Financial Services, Sparkassernes Datacenter and CSC Financial Services: with Artur Bugsgang of Vett Listrup & Partners, Copenhagen. 8 Nov 2004: What did the Romans ever do for Tax law? With Daron Gunson. 31 Jan 2005: Anglais Anglaises, c’est moi, Mason, qui vous parle: Compiler of special Entente Cordiale edition of Tax Journal, and “The American Jewels” – how using option theory as developed in the United States could predict the outcome of the Marks and Spencer direct tax cross border loss offset case in the CJEU- Peter predicted accurately that option theory would be applied- taxpayers do not have a free option to decide the locus of tax liabilities and related credits. 22 May 2006: On Beltane Eve: concerning the Abbey National VAT and funds case at the CJEU 26 June 2006: Awe of the Civil Law is the beginning of all VAT wisdom: Concerning the importance of civil law concepts in understanding VAT 12 April 2010: VAT focus: VAT and human rights; 17 May 2010: VAT exemption for insurance intermediaries. 26 August 2010: VAT groups and EU Infraction proceedings. 16 June 2011: What is a TOGC? 9 February 2012: VAT and insurance, the RBS case. 5 July 2013: Ask an expert: VAT issues arising for an overseas charity buying a UK property. 30 May 2014: Ask an expert; problems with VAT groups when many become one. 6 August 2015: VAT Groups: an “Intelligent” Solution to TOGC’s. 11 May 2016: Aspiro: A judgment set in stone? With Hamish Garnett of Metlife and David Jordorson of the Association of British Insurers. Taxation 1999: Roman law re-asserts itself: On the Abbey National TOGC case and meaning of succession. 13 June 2013: Study and Learn: Tax penalties and the Hok case. 26 August 2105: An Intelligent Solution. Vat Digest Jul / August 2009: Utmost Good Faith: with Hamish Garnett of AIG, looking at the VAT exemptions in the insurance sector. Sep /Oct 2010: Is European law “Always Speaking”? Tax Adviser 28 May 2013: No GAAR without a GADR. 27 February 2014: Do the knowledge on consideration: with Linda Adelson of Rosetta Tax on the Cabvision case 4 December 2015 VAT or no VAT: When does a business sale amount to a TOGC? European publications Recent Developments in Value Added Tax – The Evolution of European VAT Jurisprudence and its Role in the EU Common VAT System: Lang/Pistone/Schuch/Staringer/Raponi – Linde Verlag, Vienna. ISBN 978-3-7073-2753-3 : Two chapters: “Ich bin ein wissenschaftlicher Steuerrechtsanwalt“ – After Axa, we are all scientific tax There is no such thing as a
Tom Power

Tom Power

Tom Power is an Associate Member of Addington Chambers, authorised to practice in the Republic of Ireland. A practising barrister as well as being an associate of the Irish Taxation Institute, prior to practising at the bar, Tom worked as a tax consultant/director for 13 years with Deloitte Touche, Chapman Flood, PricewaterhouseCoopers and HLB Nathans. He has also extensive experience in lecturing/tutoring law and tax for a number of colleges and bodies, including the Law Society, Dublin City University, University College Cork, Cork Institute of Technology, Institute of Bankers, Irish Taxation Institute and ACCA. Tom has also co-authored the Irish Taxation Institutes stamp duty book, The Law and Practice of Irish Stamp Duty.
Adrian Shipwright

Adrian Shipwright

Call date: 1993Barrister & Joint Head of Addington Chambers, Adrian is a highly regarded advisor with broad experience across a range of sectors and businesses. He has particular expertise in large corporate transactions and restructuring, land development, trusts, and estates, especially intangibles, as well as celebrity and HINWI tax and cross-border matters.Adrian has had a varied career in tax as a partner in two City law firms, a tenant for many years at Pump Court Tax Chambers, and an academic at Oxford and Professor of Business Law at King’s College, London. For 13 years he was a judge of the First Tier Tax Tribunal and of the Upper Tier Tribunal (Tax and Chancery Chamber).He is adept at advising on financial, tax and compliance matters, underpinned with shrewd commercial understanding through extensive work with private, public and third sectors. He is often used for innovative solutions to one-off problems.Adrian is the author of numerous books publications on tax and related matters and has lectured extensively both on tax and other issues.Having been to school in France, he is fluent in French and also speaks good conversational Swedish and passable German and Italian.
Tom Wesel

Tom Wesel

Call date: 1993Tom is a Full Member of Addington Chambers. Tom specialises in tax aspects of corporate finance, structuring of UK inbound and outbound investment, establishment of offshore wealth funds, tax-efficient structuring and preservation of private family wealth, for UK- and non-UK domiciled residents, and taxation of intellectual property.Tom has experience both in advisory work and academia. He has done much cross-border work, which ties in with his International Tax teaching. He has considerable experience advising HINWIs and has good connections to the Chinese HINWI market.Tom is currently living in Germany during the Covid outbreak and is due to acquire a dual qualification as a German lawyer.