+44 20 7851 0100

Monty Jivraj

Position

Head of Business & Corporate Tax civil and criminal (non-legal aid) specialising in UK Treasury, HMRC and EU tax law policies, Tax litigation, managing tax affairs of large to medium multinational businesses, civil and non-legal aid criminal defence. Monty has extensive experience and thorough understanding of HMRC and EU tax law, policies, public notices, HMRC decisions, HMRC investigations, HMRC VAT assessments and their impact on individuals and large to medium size businesses and corporate legal entities. Monty, is also noted for his extensive experience in advising and representing Individuals and Corporations in non-legal aid Criminal Proceedings both in the Courts and before Tribunals. He has experience of representing high profile individuals for whom reputation management is a significant concern.

As an ex-international cricketer, he brings the fighting spirit, drive and dedication of a professional sportsman to his work as a tax and criminal litigation expert. He is feared and respected by his opponents for his ability to factually examine evidence in tax disputes with HMRC and CPS. He comes from a sports background, he doesn’t give up easily. He is unconventional and fights  to win cases, which he tries to do at all costs. In particular, he specialises in preparation and development of strategies for defending large to medium tax litigation disputes, tax assessments, penalties and investigations by HMRC. Monty fights for his clients and delivers lucrative results. Recently, he secured millions of pounds in VAT refund from HMRC rescuing a large precious metal business from insolvency. He is regularly instructed by celebrities, sports professionals such as footballers, cricketers and golfers, FTSE companies and entertainment professionals. Lord Diplock said”Monty has that quality of working hard ….it gets to the stage of mesmeric quality.  He specialises in: VAT liability and planning; duties and excise, MTIC litigation concerning a raft of products, from mobile phones, household goods and carbon credit trading; film tax credits; precious and non-precious metal trade; HMRC COP9 tax investigations and compliance; white-collar fraud; HMRC injunctions/restraining orders and search and arrest warrants, First-tier Tax and Upper Tribunal Appeals, Judicial Review, Cross Border Tax, VAT Assessments, Tax investigations, Tax Schemes (defence litigation) and Crown Criminal proceedings and investigations.

Notable Cases

Duesmann & Hensel Recycling – Successfully defending HMRC’s decision to refuse large UK VAT refund applications in precious metal trade in millions of pounds, including interest from HMRC.

Atlantic Electronics –and- Her Majesty’s Revenue & Customs (“HMRC”) – The legal costs of challenging tax decisions fell significantly after a landmark defence, Monty Jivraj in the First Tier and Upper Tribunal, Tax Chamber. The Chamber President, The Hon Mr. Justice Warren DISMISSED an appeal by HMRC to disapply Rule 10 of the 2009 Rules held “The right to opt out from costs is a recognition of the fact that different taxpayers may have different approaches to risk in the context of access to justice. For one taxpayer, a risk of exposure to costs, at the level which might be expected to be incurred in a complex case, if he loses, is one which he is not prepared to take and would, for him, represent a denial of access to justice. For another taxpayer, an inability to recover such costs if he wins is unacceptable and would, for him, represent an equal denial of access to justice”.

A -and- Her Majesty’s Revenue & Customs (“HMRC”): Challenge, the lawfulness of a search warrant issued by HMRC in the HIGH COURT OF JUSTICE – Monty Jivraj for the Claimant.

Demazda International UK Limited – Challenging a Notice of Direction by issued by HMRC to “keep specified” business records – The First Tier Tribunal, Tax Chamber Judge Malachy Cornwell- Kelly held “ That it is established and is common ground between parties – that the Tribunal must take into account the principle of proportionality in Community law when construing the Commissioners’ powers. The national legislation is to be considered in the light of that doctrine as it has been elaborated by the Court of Justice”.

HMRC V S ApS and Others (Current) – is advising and representing a Danish Company and its Directors being sued by HMRC for fraud in the mobile phone Industry with associated restraint proceedings in the UK and Denmark.

Languages

English; Swahili; Hindi and Gujarati.

Cricket Profile

http://www.espncricinfo.com/ci/content/player/24013.html


Contact Monty Jivraj

Telephone: +44 20 7851 0100
Email: mj@lsga.co.uk