Penny Hamilton specializes in advice and litigation (including judicial review and references to the European Court of Justice) in VAT, landfill tax, aggregates levy, climate change levy, insurance premium tax, excise and customs duties, and the impact of European Community law. She advises clients in the commercial, retail, financial, property, education and charitable sectors on a wide range of issues. She has particular and recent experience advising and litigating on behalf of traders in mobile phone handsets and computer parts who have been affected by Customs and Excise’s refusal to refund VAT because of alleged MTIC fraud. She serves on the Consultative Committee of the Review of HMRC's Powers, Deterrents and Safeguards and the Tax Appeals Stakeholders Group. Penny is is qualified to accept Public Access instructions.
Career
Called 1972 (Gray's Inn)
1973-1975: Chambers at 12 Old Square, Lincoln's Inn
1975-1987: Senior legal adviser, solicitor for Customs & Excise
1987-1989: Deloitte, Haskins and Sells (senior manager, indirect taxes division)
1989-2000: PricewaterhouseCoopers (and predecessor firms) (partner)
2000: Pump Court Tax Chambers
2002: President of the Chartered Institute of Taxation
2003: VAT Rat of the Year
Recent cases
R (on the application of Teleos and others) v CCE (Administrative Court); R v Commissioners of Customs and Excise on the application of Greenwhich Property (Administrative Court); PSL Freight v Commissioners of Customs and Excise (High Court); Littlewoods Plc v Commissioners of Customs and Excise (Court of Appeal); Foreign Property aps v Secretary of State for Health (Court of Appeal); Upton (t/a Fagomatic) v Commisioners of Customs and Excise (Court of Appeal); Dragon Futures v CCE (Administrative Court); Elite Mobile Plc v CCE (Administrative Court); Dragon Futures v CCE (VAT Tribunal); Zurich Insurance v Commissioners fo Customs & Excise (Court of Appeal); Wadham & Merton College, Oxford v Commissioners fo Customs & Excise (VAT Tribunal); Megtian Ltd v Commissioners for Customs & Excise (VAT Tribunal); Rioni Ltd v Commissioners for Customs & Excise (High Court); TNT Post Limited (Admin Court and ECJ); HMRC v Waste Recycling Group (Court of Appeal).
Publications
Author VAT and Duties Appeals (Tolley's 1995)
Hamilton on VAT and Duties Appeals (Tolley 2001)
Consultant Editor VAT Business by Business Guide (Tolley's 1998 & 1999)
Environmental Taxes Handbook (Tolley's 2001)
Editorial Boards, De Voil's Indirect Tax Services and Tax Adviser
Numerous articles published in the British Tax Review, the EC Tax Journal, Taxation, Tax Journal, Tax Adviser
Memberships
Revenue Bar Association
Chartered Institute of Taxation - Environmental Taxes Working Group
Chartered Institute of Taxation - Representative on Tax Appeals Modernisation Stakeholders Group
Chartered Institute of Taxation - Representative on VAT & Duties Tribunals User Group
Consultative Committee on Review of HMRC powers
Institute of Indirect Taxation
Member of The Council of the CIOT & Indirect Taxes sub-committee
VAT Practitioners Group
London Common Law & Commercial Bar Association
Chairman of Gray's Inn Barristers' Committee
Education
The Lady Eleanor Holles School
Northfield Academy; Massachussetts
University of Bristol (1971 LLB Hons)
College of Law (1972 Bar Finals)
FTII (now CTA) (Fellow) 1996
Languages
French
The Legal 500 says...
Tax: Corporate and VAT
Ranking: VAT: Leading Junior
Penny Hamilton enjoys a good junior practice in tax litigation (2009)
The Chambers Guide says...
Tax: Indirect Tax
Ranking: Leading Juniors; Band 2
Penny Hamilton is the author of 'Hamilton on VAT and Duties Appeals'. Among her niche areas of expertise are landfill tax, climate change levy, aggregates levy and insurance premium tax. Clients say: "Her views and methods are respected and she has a good rapport with the tribunal" (2010)
Penny Hamilton has “great experience” in VAT: she “understands how it all works and makes sense of it all for clients.” (2009)
Penny Hamilton's many years working in major accountancy firms have served her well in private practice at the Bar. Admiring solicitors appreciate the "wealth of experience" she has accrued and the fact that it has furnished her with "great knowledge and excellent judgment". She recently acted for Zurich Insurance Company in HMRC's appeal to the High Court against a VAT and Duties Tribunal decision made against it. This matter concerned the place of supply rule as it related to the provision of consultancy services by a Swiss accountancy firm to Zurich Insurance" (2008)
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