HMRC and the tax tribunal recognise that some disputes are appropriate for alternative dispute resolution (or ADR), including mediation. ADR is available in various circumstances, notably where there is a dispute in relation to the facts or the correct interpretation of the relevant tax rules.
We assist clients in obtaining HMRC’s agreement to engage in ADR and advise, guide and support our clients throughout the process until the successful resolution of their disputes. We are also available to act as a co-mediator alongside HMRC’s own mediator or as a single independent mediator in cases where we do not act for the taxpayer as our client.
Similarly, our team regularly assists clients in resolving their commercial tax disputes using ADR. In this scenario, we are also able to act as an independent mediator in cases where we do not represent any of the parties in the dispute.
How we can help
Our specialist tax team comprises tax litigation solicitors and barristers, a former HMRC inspector and CEDR accredited mediators. We have extensive experience in negotiating and resolving disputes with HMRC, disputes with advisers and disputes between commercial parties. We offer a comprehensive ADR service that includes:
For HMRC disputes:
- Reviewing the suitability of your case for ADR
- Preparing your application to HMRC for ADR
- Preparing your case and representing you in the mediation with HMRC
- Acting as your own mediator or facilitator to work alongside HMRC’s mediator
- Acting as a co-mediator or co-facilitator with HMRC’s mediator
- Acting as a single appointed independent mediator to resolve a dispute with HMRC.
For tax disputes with advisers or between commercial parties:
- Reviewing the suitability of your case for mediation/ADR
- Preparing your case and representing you in the mediation
- Where we don’t represent you in a dispute, we can act as the independent mediator.
"Led by the very client-friendly, responsive and knowledgeable David Pickstone, the practice has been representing individual contributors to tax mitigation schemes in defending them against the HMRC and in claims against the promoters of such schemes"The Legal 500
"Stewarts stands out for its wealth of experience and strong team of very impressive lawyers"The Legal 500