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David Yates KC

"An exceptionally clear and user-friendly barrister, with a very practical approach."

Chambers & Partners
  • Call: 2004
  • Silk: 2019

Overview

David is an experienced litigator and adviser who is known for being "An absolutely exceptional barrister who combines excellent intellect with a down-to-earth and friendly approach". David’s practice covers a wide range of tax law areas and related fields:

  • Personal tax
  • Corporation tax
  • VAT
  • Public law (particularly tax related)
  • Professional Negligence (particularly tax related)

In addition to the above, David regularly advises on the taxation of damages awards and settlement agreements. In terms of tax advice, David's sector experience is wider ranging including:

  • Financial institutions and general commercial
  • Private clients and hedge funds
  • Sports clubs and sports professionals
  • Professional firms
  • Charities

A copy of David's privacy notice can be found here.

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Corporate tax

“Impressively pragmatic and commercial in his advice. He is very industrious and really gets under the skin of a case.”

A substantial portion of David’s practice relates to corporation tax, including areas such as transfer pricing, the loan relationships regime, distributions, group relief and intangible fixed assets. Recent cases include:

Personal tax

“A very smooth advocate who is excellent in every way. Extremely competent and great to work with.”

David provides advice on a wide range of personal taxes, including in particular trust, non-UK domiciled individuals, partnership issues (including DIMF and carried interest) and transactions in securities. In addition to his advisory practice, David frequently appears in the tribunals and courts, his recent cases include:

  • Gould v HMRC [2022] UKFTT 431 (TC): David appeared for the taxpayer in a case concerning when an interim dividend was regarded as “due and payable”. The case concerned significant areas of company law concerning dividends, the Duomatic principle and unfair prejudice.
  • Foundation Partners v HMRC [2022] UKUT 167: David appeared for HMRC in defeating partnership planning advanced in respect of a hotel development in Montenegro. The case focused on whether the partnership was carrying on a trade and whether expenditure it incurred was wholly and exclusively for the purposes of any such trade.
  • HFFX v HMRC [2021] UKFTT 36 (TC): led by Kevin Prosser KC on behalf of a major hedge currency trader in this case concerning the taxation of individual members’ profits. The case concerned whether individual members of the LLP are taxable in respect of profits allocated to a corporate member of the LLP (prior to the introduction of the mixed member rules).
  • Lord and Lady Lloyd-Webber v HMRC [2019] UKFTT 717 (TC): appeared alongside Sam Grodzinski KC for the taxpayers in their successful appeal against HMRC’s refusal to allow a CGT deduction in respect of losses arising from property development in Barbados.
  • Routier v HMRC [2019] 3 WLR 757: appeared for HMRC in the Supreme Court in a case concerning the status of Jersey under EU law and the question of whether the inheritance tax treatment of charities should apply to non-UK charities.
  •  Andrew v HMRC [2019] SFTD 714: appeared for the taxpayer in a case concern a gilt stripping arrangement.
  •  Reeves v HMRC [2019] 4 WLR 15: led by Kevin Prosser KC for the taxpayer in an appeal concerning the application of hold over relief for the transfer of a hedge fund interest to a corporate vehicle and the compatibility of UK legislation with ECHR and EU law.
  • Hardy v HMRC [2017] UKFTT 754 (TC): appeared as leading counsel for HMRC in a case concerning whether disposals of shares generated a capital loss eligible for relief under s.131 of ITA 2007.
  • Mills v HMRC [2017] UKFTT 378 (TC): led by David Goy KC for HMRC in a case concerning whether a bid for the America’s Cup constituted a trade carried on on a commercial basis with a view to profit.
  • Samarkand Film Partnership No.3 [2017] EWCA Civ 77: led by John Tallon KC for HMRC in a case concerning whether sale and leaseback activities amounted to a trade together with questions of legitimate expectation arising from HMRC’s manual.

Employment Tax and NICs

David frequently advises in relation to employment related taxation and national insurance contributions. In particular, he has extensive experience in advising on and commentating on:

  • Employment/Self-employment distinctions
  • IR35 and Chapter 10 off-payroll rules
  • Employment Related Securities and Options
  • Benefits in Kind
  • Historic EBT issues
  • Part 7A
  • Salaried LLP member rules
  • Taxation of employee settlement agreements
  • Employment/NICs taxation and double taxation agreements

Professional negligence

“His knowledge of tax is absolutely outstanding. He is an exceptionally clever person and an extremely good barrister.”

Professional negligence disputes, particularly tax-related, remain a significant part of David’s practice. David acts for both claimant and defendant clients (both professionals and financial institutions). Recently David has advised and acted on professional negligence claims in the following areas:

  • Partnership based tax avoidance schemes
  • The chargeable event regime for insurance contracts (particularly the consequences of partial surrenders)
  • Enterprise Investment Scheme (EIS) Relief
  • Tax Residence
  • Offshore tax planning
  • Trusts & Estates taxation (including advising on applications for relief based on mistake and Hastings-Bass)
  • R&D Relief for corporations
  • Negligent handling of tax litigation

In addition, David has experience of representing clients in remedial applications such as rectification, setting aside on the grounds of mistake and Hastings-Bass. See for example Giles v RNIB [2014] STC 1631 where he appeared in a rectification case concerning a mistake as to the effect of a deed of variation.

Public law

“An exceptionally clear and user-friendly barrister, with a very practical approach.”

David is frequently asked to advise both HMRC and taxpayers concerning the public law implications of actions by either HMRC or other public bodies. Significant recent cases include:

VAT/Indirect tax

“Impressively clever, very hard-working and extremely good on the detail. He is very commercial and a very strong advocate.”

David advises and litigates on VAT and other indirect tax issues on a frequent basis. Recent cases include:

Directory quotes

The Chambers Guide

Corporate Tax
Ranking: Band 2

“Impressively pragmatic and commercial in his advice.” “He is very industrious and really gets under the skin of a case.” (2022)

“A very smooth advocate who is excellent in every way.” “Extremely competent and great to work with.” (2021)

“A leader in his field, who is incredibly knowledgeable and excellent to work with.” “His advice and all-round approach are top-notch.” (2020)

Professional Negligence
Ranking: Band 4

“His knowledge of tax is absolutely outstanding. He is an exceptionally clever person and an extremely good barrister.” “His written work is excellent, and he’s a source of comfort to the client because he’s extremely clever but explains things simply. An outstanding barrister.” (2022)

“I would never hesitate to recommend him for complicated tax-related matters. He’s very efficient and hard-working, and incredibly dedicated.” “He has enormous tax expertise and for anything tax-related he is on speed dial. He is absolutely terrific and he has excellent judgement.” (2021)

“He’s extremely cool-headed and rational.” “A diligent, bright and client-friendly barrister whose sector knowledge is second to none.” (2020)

Tax: Indirect Tax
Ranking: Band 3

“David Yates is impressively clever, very hard-working and extremely good on the detail.” “He is very commercial and a very strong advocate.” (2022)

“Very good, calm in court and particularly tenacious.” “He is excellent commercially and doesn’t hide from difficult points.” (2021)

“A very good advocate who is always well prepared and able to think quickly on his feet.” (2020)

Tax: Private Client
Ranking: Band 2

“He really gets under the skin of a case and figures out what the issues are.”  “David ploughs through legislation that most would find unfathomable. He is one of the most intellectually strong barristers around.” (2022)

“He is someone who is very thorough; he knows the case inside out and back to front and he is never caught out by unexpected surprises. He is a very good advocate.” (2021)

“Very detailed in his approach and good on technical points.” (2020)

The Legal 500

Tax: Corporate
Ranking: Leading Silk, Tier 3

‘David’s greatest strength is his commercially savvy yet calm approach to his advice. He speaks in a perfectly measured cadence that allows for clarity and comprehension by advisers and clients alike. He is very good at hearing the counter argument and explaining why some strategies are not always the best option for the overall picture. ’ (2022)

‘Excellent advocate who is able to read the court well, technically excellent and great tactically, too.’ (2021)

‘He provides clear, accurate and timely advice and is an excellent courtroom advocate.’ (2020)

Tax: VAT
Ranking: Leading Silk, Tier 4

‘David’s greatest strength is his commercially savvy yet calm approach to his advice. He speaks in a perfectly measured cadence that allows for clarity and comprehension by advisers and clients alike. He is very good at hearing the counter argument and explaining why some strategies are not always the best option for the overall picture. ’ (2022)

‘Excellent advocate who is able to read the court well, technically excellent and great tactically, too.’ (2021)

‘He provides clear, accurate and timely advice and is an excellent courtroom advocate.’ (2020)

Tax- Private Client: Personal Tax
Ranking:  2019 Silk, Tier 1

‘Absolutely brilliant mind, incisive, decisive, superb recall of case law, and he really impresses in consultations.’ (2021)

‘An exceptionally clear and user-friendly barrister, with a very practical approach.’ (2020)

‘He is clear, calm and very thorough.’ (2019)

Professional Negligence
Ranking: 2019 Silk, Tier 4

‘David has excellent command of the detail without losing sight of the bigger picture. He quickly identifies the key issues and provides clear, practical and strategic advice to the client. ’ (2022)

‘He is truly excellent.’ (2021)

‘Very technical and precise.’ (2020)

Chambers and Partners High Net Worth

Tax: Private Client
Ranking: Band 2

  • “Remarkably clever, homes in on key points unerringly, delivers helpful advice – often with wit. Also a brilliant advocate. Just outstanding.”
  • “He has a wonderful grasp of the legislation and its practical application. David has an assured way of advising. I was struck by how clear his thought process was and what he said made so much sense.”
  • “In all matters, David is highly expert and attentive to clients’ needs and desires.”
  • “An absolutely exceptional barrister who combines excellent intellect with a down-to-earth and friendly approach.”
  • “He is a great guy. He is someone who is very thorough – he knows the case inside out and back to front and he is never caught out by unexpected surprises. He is a very good advocate.”
  • “Very quick-thinking and impressive on his feet.”

Memberships

Revenue Bar Association

Chancery Bar Association

Professional Negligence Bar Association

Career & education

Career

March 2019 – KC

September 2017 – Appointed Junior Counsel to the Crown – “A” panel

March 2013 – Appointed Junior Counsel to the Crown – “B” panel

March 2009 – Appointed Junior Counsel to the Crown – “C” panel

Called: 2004 (Lincoln’s Inn)

Education

Sep 1998 – Jun 2001: Gonville & Caius College, Cambridge BA Classics (1st)

Oct 2002 – Jun 2003: City University, Diploma in Law (Commendation). Awarded Lord Haldane Scholarship by Lincoln’s Inn

Oct 2003 – Jun 2004: Inns of Court School of Law, Bar Vocational Course
(Very Competent). Awarded Lord Denning Scholarship by Lincoln’s Inn

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