When tax advice strays from planning to avoidance and evasion (2)

Second of two articles

clock • 5 min read

With the tax affairs of so many VIPs once more in the headlines, Andrew Reid and James Hall consider what claims can be brought against the original advisers and what might be done to avoid that happening

So how does one begin to establish whether there is a claim against a previous adviser? As mentioned in our first article, many of our cases are referred to us from financial advisers, so the following is a guide to some of the questions you could ask a client to help establish if they may have a case for professional negligence against their former adviser: * Was advice or information given about the investment/tax mitigation scheme in question? If so, was it advice or information that a reasonably competent adviser should have given? * What were the adviser's terms of engagement? ...

To continue reading this article...

Join Professional Adviser for free

  • Unlimited access to real-time news, industry insights and market intelligence
  • Stay ahead of the curve with spotlights on emerging trends and technologies
  • Receive breaking news stories straight to your inbox in the daily newsletters
  • Make smart business decisions with the latest developments in regulation, investing retirement and protection
  • Members-only access to the editor’s weekly Friday commentary
  • Be the first to hear about our events and awards programmes

Join

 

Already a Professional Adviser member?

Login

More on Tax planning

IHT on pensions: Advisers on a new way of working

IHT on pensions: Advisers on a new way of working

‘It has shifted the timing and focus of conversations’

Jenna Brown
clock 10 June 2026 • 8 min read
New tax powers can trace money – home and away

New tax powers can trace money – home and away

Tightened border controls could trigger tax probes

David Morley
clock 10 June 2026 • 3 min read
Breaking the last-minute tax planning cycle

Breaking the last-minute tax planning cycle

'Tax year-end remains one of the most stressful times for advice professionals'

Sophie Hall
clock 10 June 2026 • 3 min read