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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I recently won a tax credits tribunal. I incurred substantial

Resolved Question:

I recently won a tax credits tribunal. I incurred substantial legal costs. Can I claim these costs back. Thank you, ***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello Donna my name is ***** ***** I will help you with this.

Alex Watts :

Could you please explain your situation a little more?

Customer:

Hello

Customer:

In 2012 my tax credits were suspended while the HMRC investyigated my claim. They ascertained I had made a false claim and set proceedings in place to recoup the payments made to myself in 2010-2011. I disputed their findings and eventually the case went to a tribunal hearing. After the first attempt at the hearing I was advised to get legal representation. There were 3 hearings in total, the final one resulting in my winning the tribunal. I was awarded the withheld benefits. The legal cost of the hearings was significant and I would like to ascertain whether I am able to recoup these costs#

Alex Watts : This was Tribunal and not court though?
Customer:

No, it was a court hearing

Customer:

sorry that should read *wasn't

Alex Watts :

Thank you. I am sorry in that case its bad news.

Alex Watts :

The Tribunal has no power whatsoever to order costs.

Alex Watts :

Therefore I am sorry to say that costs can not be recovered.

Alex Watts :

I know this seems unfair and sadly you can't bring action now unless you can show it was malicious.

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you for assistance.

Customer:

I suspected that being a tribunal this would be the case but just need clarification. Thanks again

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