Shortly before a 4-week hearing was due to commence, HMRC conceded that the appeal of Ducas Ltd (part of the Maxipay group) should be allowed in full and the associated freezing orders discharged. HMRC are also to pay Ducas’ costs on the indemnity basis. There will also be an enquiry as to damages caused by the freezing order. 

The background to the appeal was that, in November 2024, HMRC issued Ducas with a £171m assessment under the agency legislation - the NICs equivalent of s. 44 ITEPA 2003. HMRC also obtained freezing orders against Ducas and other Maxipay companies. 

Since November 2024, there have been numerous hearings in the High Court and the FTT in which Chris and David secured:

• A speedy appeal hearing;

• The continuation of cross undertakings in damages (which will now form the basis of the enquiry as to damages);

• Heightened disclosure from HMRC.

Chris and David also successfully resisted an appeal by HMRC to the Upper Tribunal in relation to disclosure which resulted in HMRC being ordered to pay Ducas’ costs of that appeal. See here.