David frequently advises on or acts in litigation relating to private client, corporation tax or VAT. In addition, given his previous time as a tenant at 4 New Square, he is also very experienced in advising on professional negligence cases arising in a tax context.
He is happy to accept instructions under the Joint Advisory Scheme and Special Advocacy Scheme .
Career
Feb 2009 - Appointed Junior Counsel to the Crown - "C" panel
2008- to present: Tenant, Pump Court Tax Chambers
2005-2008: Tenant, 4 New Square, Lincoln's Inn
Called: 2004 (Lincoln's Inn)
2000-2002: UBS Warburg: Analyst in Corporate Finance Department; worked in the Financial Institutions Group - a team specialising in giving advice on transactions in banking, insurance and asset management. Was authorised by the FSA as a Securities and Financial Derivatives Representative
Recent cases
Philips Electronics UK Ltd v HMRC [2009] UKFTT 226(TC): led by David Ewart QC on behalf of HMRC in a dispute concerning whether the UK’s rules on consortium relief in cross border situations (ICTA 1988 ss 403D and 406(2)) amounted to a restriction on the right of establishment.
Nigel Grogan v HMRC [2009] UKFTT 238 (TC): led by Andrew Thornhill QC on behalf of the taxpayer in a dispute concerning whether a contribution by a company to a QUEST was caught by the transactions in securities legislation. The Tribunal also decided the correct interpretation of the transitional provisions as between ICTA 1988 s 703 and ITA 2007 s 698.
Legal & General Assurance Society v HMRC [2009] UKFTT 225 (TC): led by David Ewart QC on behalf of HMRC in a dispute on the interpretation of Finance Act 1989 s 83A and whether certain amounts contained within LGAS’ regulatory returns were to be brought into account for the purpose of its corporation tax computation.
John Wilkins (Motor Engineers) Ltd & others v HMRC [2009] UKUT 175 (TCC: led by Laurence Rabinowitz QC and James Henderson on behalf of the fifth appellant, Lookers, in the first dispute heard at first instance by the Upper Tribunal concerning whether a trader was entitled to compound interest under section 78 of the VAT Act 1994 in relation to repayments of VAT by HMRC.
Castle Construction (Chesterfield) Ltd v HMRC [2009] STC (SCD) 97: appeared on behalf of the taxpayer (a building contractor) in a 5 day hearing concerning whether certain individuals the taxpayer engaged (foremen, bricklayers, labourers and scaffolders) were employed or self employed.
The Stax Claimants v The Bank of Nova Scotia Channel Islands Ltd & others: instructed with Mark Herbert QC and Alex Hall Taylor by Stephenson Harwood to act on behalf of the Bank in relation to a pension scheme subsequently investigated by the Inland Revenue on the basis of breaches of sections 600 and 647 ICTA 1988 (as was).
AIDB v (1) PwC (2) David Donnelly: instructed with Ben Hubble by Farrer & Co on behalf of a finance director facing disciplinary proceedings in relation to the collapse of Mayflower Corporation Plc. Successfully defended the proceedings and recovered £0.5 million in costs against the regulator.
Football League v Edge Ellison [2006] EWHC 1462 (Ch): instructed with Sue Carr QC by Clyde & Co on behalf of Part 20 Defendant. Successfully defended the Part 20 claim advanced by Jonathan Sumption QC on behalf of Edge Ellison.
Institute of Actuaries v Ranson, Headdon and Nash: instructed with Ben Hubble by Beachcroft on behalf of the Institute. Succeeded in establishing charges in relation to the management of Equitable Life.
Memberships
Revenue Bar Association
Professional Negligence Bar Association
Education
Oct 2003 – Jun 2004: Inns of Court School of Law, Bar Vocational Course
(Very Competent)
Awarded Lord Denning Scholarship by Lincoln’s Inn
Oct 2002 – Jun 2003: City University, Diploma in Law (Commendation)
Awarded Lord Haldane Scholarship by Lincoln’s Inn
Sep 1998 – Jun 2001: Gonville & Caius College, Cambridge BA Classics (1st)
Honorary Senior Scholar and Senior Exhibitioner
Henry Arthur Thomas prize for Classics
The Chambers Guide says...
Peers speak highly of David Yates of Pump Court Tax Chambers. He is especially adept at handling financial regulatory matters (2010)
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