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Grays' Inn Tax Bar Members
Patrick Way Patrick Way

has practised tax law since the late 1970s, first as a solicitor (admitted 1979) during which time he was an equity partner in two leading London law firms, and now as a barrister (called 1994). He has a successful advocacy and advisory practice.

Chambers and Partners current UK Guide says:-

“Patrick Way’s impressive work is “comparable to that of a Silk”. He is sought after for major real estate and corporate transactions and advises many high-profile private clients. A “highly tactical litigator” he also earns praise for being, “incredibly clear and concise in court”.” The previous year’s edition said, “The “battle-hardened Way” is in much demand for clients due to his “great commercial acumen”.”

Accountancy Age has said of him that he:-

“is the tax barrister to the stars. … Way acted for Andre Agassi in his battle with the taxman over sponsorship income. But he really hit the headlines … when he successfully defended Richard and Judy in their battle to deduct their agents’ fees from their taxable income. Way and the couple’s legal team deployed all the weapons in their armoury, even going to the trouble of showing the judge a tape of Richard Madeley’s Ali G impression to demonstrate that the pair were “theatrical artists”.”

He has been listed in Accountancy Age’s Top 50 Financial Power List and has been The Times’ Lawyer of the Week.

He has written and edited books and chapters on the taxation of commercial transactions including in particular the taxation of corporate groups, on joint ventures, the Business Expansion and Enterprise Investment Schemes, inheritance tax and capital gains tax planning for individuals and on stamp duty and stamp duty land tax. However, it was his first book that caused the most interest at home when his mother rushed out to buy it assuming it to be a thriller entitled “Death in Taxis”. Her disappointment when she found out that it was nothing more than an estate planning book called “Death and Taxes” was exacerbated by the book’s lousy ending.

He aims to bring to clients an approach which is both practical and pragmatic. Practical, since, having been a commercial solicitor he is well aware of the realities of business transactions and the need for sensible advice; and pragmatic since his court experiences have shown him the way in which courts are likely to react and he factors this experience into his advice.

Outside work he is keen on contemporary art, although, at the suggestion of some of his clients, he has moved some of the more “powerful” works from Chambers to home (wife not overly impressed). He also follows the fortunes of Richmond (Rugby) Football Club where he is a director. In the past, he coached young Richmond teams, taking them to three finals at Twickenham and watching them win all round Europe, South Africa and Australasia. Now his pitchside involvement is limited to being the First Team’s Fourth Official where his duties involve, amongst other things, recording the reasons for yellow and red cards. He has learnt from experience not to ask a sent-off player the reason for a red card – much safer to ask the referee later.

 


Cases include:

Drummond v HMRC (2009) Court of Appeal (treatment of losses arising on surrender of second-hand life policies)
Blackburn (t/a Alan Blackburn Sports Ltd v HMRC
(2008) Court of Appeal (effect on EIS relief where register of members written up after subscription monies paid)
Ashley v HMRC (Special Commissioners) (2007) (SPC 633) ( EIS relief where mistaken in claim form)
Executors of Dr Harvey Ernest Postlethwaite v. HMRC (Special Commissioners) (2006) (ss 10 and 94 Inheritance Tax Act 1994)
Madeley and Finnigan v HMRC ("The Richard and Judy case") (Special Commissioners) (2006) (SPC 547)
Andre Agassi v. Robinson (HMIT)
(House of Lords) (2006) (taxation of foreign entertainers)
Andre Agassi v. Robinson
(HMIT) (2) (Bar Council and Law Society intervening) (Court of Appeal) (2005) (Efficacy of Licensed Access Scheme and ability to recover accountants' costs)
Inwards v. Williamson Sp C, [2003] SSCD 355 (SpC 371) (availability of reinvestment relief)
RIBA Publications [1999] VATD 230 (VAT treatment of contract documentation)
Archon Shipping [1998] STC 1151 (s20 TMA and judicial review)
Wannell v. Rothwell [1996] STC 450 (availability of losses)
Barnett v. Brabyn [1996] STC 716 (meaning of employment)
Continental Shipping [1996] STC 813 (s20 TMA and judicial review)
Templeton v. Jacobs [1996] STC 991 (taxation of benefits in kind)
Redkite Ltd v. Inspector of Taxes Sp C [1996] SSCD 501 (SPC 93) ( Guarantee payments by holding company)