cannon-chambers-logo
Menu

FIANDER AND BROWER V HMRC [2021]

This was the appeal to the Upper Tribunal in the first appeal case relating to multiple dwellings relief from SDLT. The appeal raised the awkward issue of a disagreement between the appellants and the judge at first instance over what one of the appellants had said when Cannon Chambers questioned her under oath and the appropriate procedure for dealing with that conflict on appeal when no recording of her evidence had been made. The first instance of appeal was an in-person hearing at Taylor House in London where no recordings are made. The issue would not of course have arisen if the hearing had taken place using the tribunal’s video hearings platform because a video recording of the appellant’s evidence would be available to resolve any conflict with the judge’s notes.

Read the full decision here.

Click here to view our latest notable cases.

You might also be interested in...

CHARLIE JOHNSON V HMRC TC/2024/00254

This was a successful appeal by the taxpayer about whether multiple dwellings relief ("MDR") from SDLT applied to his purchase of a residential property with a self-contained annex. In a carefully structured and considered decision the FTT reviewed the evidence thoroughly and held that HMRC's objections concerning the interconnecting doors and shared...

ANDREI TRETYAKOV V HMRC TC/2023/16164

This decision concerned an SDLT mixed-use appeal, i.e., whether the property in question was of mixed residential and non-residential use. The additional SDLT if the property was wholly residential was £484,250. It might be thought that genuine commercial use of a part of a building where the other parts were...

Contact Us

Fill out the form and we will be in touch to discuss how we can help. You can also WhatsApp or call us.

Contact Us