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A disputes practice led by barrister and solicitor expertise

Hickey & Co Solicitors acts in disputes principally with: (i) HMRC (and issues arising from such disputes), (ii) commercial ‘divorce’ disputes (partners, shareholders), and (iii) professional negligence (both claims and defence involving tax and accountancy advisers).

​Members of the team have broad experience representing owner managed businesses, entrepreneurs, individuals with substantial exposure, partners, LLP members, trustees, Chartered Tax Advisers and accountants.

Hickey & Co Solicitors specialise in providing legal services relating to disputes in the following areas:

  • Tax investigations (including information notices)
  • Tax appeals and related areas: judicial review, insolvency
  • Professional negligence
  • Rectification and mistake claims
  • Commercial divorce (e.g. shareholder disputes)
  • Partnership and trust disputes
  • Tax and Accounting Regulatory disputes

Hickey & Co Solicitors is uniquely placed to assist in providing advice and support on contentious matters due to the extensive experience of the firm.

The firm is managed by Julian Hickey who was called to the Bar in 1995 and has worked as a partner at several major City and West End law firms.

What the firm handles

Disputes with HMRC: the enquiry stage

  • HMRC enquiries and compliance checks, from the opening notice through to closure
  • Schedule 36 information notices, including validity, scope, statutory records and appeal rights
  • Closure Notices, Discovery assessments
  • Closure notices, including applications to the tribunal to require HMRC to close an enquiry that has stalled
  • Penalties, and the characterisation of conduct as careless or deliberate
  • Code of Practice 8 investigations
  • Code of Practice 9 investigations and the contractual disclosure facility
  • Voluntary disclosures, and the timing of them
  • Accelerated Payment Notices and Follower Notices

Disputes with HMRC: resolution and appeal

  • Alternative dispute resolution (ADR) with HMRC
  • Statutory review
  • Appeals to the First-tier Tribunal (Tax Chamber)
  • Appeals to the Upper Tribunal, Court of Appeal and Supreme Court
  • Late appeals and applications for permission to appeal out of time
  • Postponement of disputed tax while an appeal is running
  • Judicial review where HMRC has acted outside its powers or gone back on an assurance

Particular areas of tax

  • Corporation Tax
  • Income Tax
  • Capital Gains Tax
  • Value Added Tax
  • Stamp Duty Land Tax
  • Insurance Premium Tax
  • Corporate residence and cross border structuring disputes
  • Transfer pricing, Diverted Profits Tax and transfer of assets abroad
  • Employment status and IR35
  • Personal Liability Notices (PLNs)
  • Disclosure of Tax Avoidance Schemes (DOTAS)
  • Promotor of Tax Avoidance Schemes (POTAS)
  • Crypto-asset and digital asset tax disputes
  • Trust and estate disputes with a tax dimension, including trustee powers and beneficiary rights

Disputes between business owners

  • Expulsion and removal of partners and LLP members
  • Partnership dissolution
  • Unfair prejudice petitions
  • Quasi partnership claims
  • Deadlock, and the separation of jointly owned businesses
  • Tax covenant and warranty claims following a share sale
    Professional Negligence Claims and Disciplinary Tribunals involving professional advisers

Professional negligence claims against accountants and tax advisers

  • Professional negligence claims against accountants and tax advisers
  • Defence of claims for professionals and their insurers
  • Regulatory and disciplinary proceedings affecting tax advisers and accountants

Mediation

Mediation is offered in its own right across these areas. Where the firm already acts for a party it will not also mediate that dispute; it will help select an independent mediator and prepare the case properly for the day.