2019 Legal Awards

6 SME NEWS / 2019 Legal Awards Independence from HMRC and Privacy Something that struck me on CCTC’s website was their focus on their independence from HMRC and the fact they never work with them. I wondered if this might be another advantage of their approach? “HMRC should be – but is not – set as an independent tax collector complying impartially with the law” Joseph explains. “It will strive to collect the most tax it can. There are always exceptions, but in many cases it behaves clumsily and overreaches its own powers. Sometimes when a client is investigated, tax inspectors will ask huge numbers of questions which clients are not in fact obliged to answer. Our job is to ensure that clients comply with the law, not with HMRC’s Christmas wish list. Many tax barristers also work as advocates for HMRC which, unsurprisingly, can make some clients feel uncomfortable. However, it’s more than just a trust or conflict of interest issue. We are so busy looking after our clients that we simply don’t have time to work with HMRC” . “You sound like you really enjoy taking on HMRC!” I reply. “Oh yes” smiles Joseph. “I really do. It’s a challenge, and a win against HMRC in court is a testament to the fact that we have done our job really well. Having made this forceful point, I decide to ask Joseph about how CCTC protect clients’ privacy. “It’s vital” he replies. “With high-level, international transactions and wealth structuring, control of information can be absolutely critical. To ensure this, our team is deliberately small and meticulously vetted. All our electronic communications and data are protected by intelligent systems, smart technology, and even a Swiss encrypted email system.” “It’s also worth adding that my team will never be surprised by any wealth management or taxation problem – or even the most intricate or convoluted personal or family situation. We’ve simply seen it all before: with clients as exceptional as our own, we expect the unexpected.” “Finally, all of our communications are legally privileged. That means that HRMC cannot make us disclose communications or documents. Accountants do not have such protections, and HMRC inspectors’ statutory powers can – and frequently do – force the disclosure of documents and information if they choose to launch an investigation. This power of legal privilege also applies if CCTC is added to existing team of legal advisors, who also benefit from this powerful defence as soon as we are instructed.” Joseph’s Journey: from Businessman to top Boutique Tax Barrister We’ve already heard how Joseph was inspired to leave the property development business and become a tax barrister. His first step on this ambitious journey was to study Law at King’s College at Cambridge University. “What was studying at Cambridge like?” I ask. “It was a constant challenge because my peers were so brilliant: the environment was incredibly competitive and the turnarounds for essays was extremely short. You had to keep up. Much of the teaching was through the one-to-one supervision system with just you, your essay, and a top Law Professor in a room for an hour. Half-baked arguments and generic platitudes just didn’t wash with these experts. However, they respected original thinking and the ability to defend your arguments.” “Were there any particular academics who stood out as influences?” “Yes: two in particular. The first was John Armour, Professor of Company Law, who is now at Oxford. He encouraged us to think beyond case law, and to reflect on the practical consequences of judicial decisions. The second was Eleanor Sharpston, QC – now Advocate General at the European Court of Justice – who was my college Director of Studies. She warned me to expect regular eighteen-hour days as a Barrister. I didn’t believe her then but wish I had!” “What did you do after Cambridge?” I did a Masters at University of London’s intercollegiate LLM. Cambridge had given me great academic grounding, but the LLM opened the door to the professional world of law with in London. We were taught by senior members tax bar and practicing QCs. It was a highly professional community.” “So presumably next came your pupillage?” “Yes: at 11 New Square, the chambers of John Gardiner QC. It was superficially a very old fashioned chambers which, even in the mid-noughties, was almost entirely paper- based and full of dusty archives. This was memorably exhibited when one day there was a power cut, and nobody noticed until sun went down! That said, while the infrastructure was antique, the thinking was very modern. I learned not to be afraid how large the numbers got: we had to be so confident in the rigour of our analysis, and the correctness of our advice, that it did not matter whether the sums involved were in the hundreds or the billions of pounds.” “A particular influence during my pupillage was Jonathan Peacock QC. His ability to empathise with clients never failed to win their trust. He did this through combining a supremely commanding legal mind with a touch of confident humility. I’ve always tried to model my own approach on his.” “So then you moved fully into professional practice? What was the road to CCTC from there?” “My first job as a fully-fledged professional barrister was at Allen and Overy, the leading magic circle law firm which did much to mitigate the 2007 banking crisis. I cut my teeth on designing, analysing, and structuring tax saving and mitigation structures for the biggest banks and companies in the UK.” “Did the credit crunch and its aftermath effect you, career-wise?” “It did. After the credit crisis and the introduction of the Banking Code in 2009, the zeitgeist in the sector completely changed, and in effect, the business of corporate tax structuring gradually came to an end, so I then moved to the No. 1 Tax Litigation Team – McGrigors LLP – at 5, Old Bailey, where I worked as their in-house barrister.” “Did working as an in-house litigator suit you?” I ask. “No, it most certainly didn’t! It showed me in no-uncertain terms that if I was going to work in litigation, I wanted to be on the front line. Doing all the preparatory work myself and then watching another barrister go and present it ineffectively was incredibly frustrating.” “I can see where this is going” I reply. “Is this when you decided you wanted to embrace the freedom of ‘going boutique’?” “Yes. I moved to Atlas Tax Chambers, founded by myself and Keith Gordon. We rapidly became so successful that we were courted relentlessly by other big tax chambers. Eventually, after much head-hunting we decided to merge with the large and famous Temple Tax Chambers” “ Aren’t they one of the largest tax chambers?” I interject. “Correct. While I had a happy time there, I grew increasingly frustrated with the natural limitations that being part of a larger association of barristers put on how I wanted to operate my practice. I knew the next move was for me to take the plunge and set up my own chambers which could embody my client-centered philosophy, and where I could hand-pick my own team. Hence- CCTC.” “And the rest is history” I say. “Any regrets?” Joseph laughs. “Only that I didn’t do it sooner!”. Beyond Joseph: CCTC’s Team Joseph is very keen to stress that CCTC isn’t just all about him, and before I take my leave he insists on having coffee with the team inside their main operations hub. It’s a stylishly decorated open-plan area overlooking an impressive glass atrium. I like it that Joseph isn’t separated from his team in his own office. When he’s not in court, he’s right here with them. He first introduces me to Tristan, whose handshake is as firm as his own. Tristan’s background is Law and Accountancy and he was previously a partner inside another boutique tax practice assisting the individuals