Menu

Christmas Opening Times 2025

24th December 2025 – 8.30am to 12.30pm

27th December 2025 to 4th January 2026 Inclusive – Closed

Chambers will operate normal business hours, 8.30am to 6.30pm, from the 5th of January 2026

If you do require urgent assistance during the festive period please contact Mark Rushton, Bruno Antoniotti or John Poyser

11 March 2015

UT Decision: Higgs v HMRC

Self-assessment and claim for repayment of overpayment on account – tax return including self-assessment and claim for repayment filed with HMRC after 4 year time limit in s.34(1) TMA 1970 – judicial review of decision of HMRC that claim out of time – whether s.34(1) applicable to self-assessment – no – whether decision of High Court in Morris & anr v HMRC [2007] EWHC 1181 (Ch) wrongly decided – no – alternative ground of review that HMRC required to exercise discretion to extend s.34(1) time limit not arising in light of conclusion on main ground, but if Upper Tribunal wrong on that ground then matter to be remitted to HMRC to give full and proper consideration to question whether to exercise discretion to extend – s.3 and s.6 Human Rights Act 1998 and Article 1 of Protocol 1 to the European Convention on Human Rights considered – relief on main ground granted – HMRC ordered to process the Claimant’s tax return including self-assessment
Elizabeth Wilson acted for HMRC.
Click here for the full decision.

This content is provided free of charge for information purposes only. It does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of PCTC or by PCTC as a whole.