Law commission moots duty of care on taxman

The Law Commission is considering the need for more redress against public sector bodies such as HM Revenue & Customs (HMRC) when they act wrongfully, making compensation more available under judicial review and reforming the tort of negligence – the area of the law which governs duty of care.

The commission’s paper, which asks: ‘what mechanisms should be available for citizens to receive redress against public sector bodies?’ is open for comment to the public until November. It argues that the duty of care between individuals and public bodies has developed, in ‘a haphazard and complicated fashion' and that ‘the current system is plainly unsatisfactory’.

The Professional Contractors Group (PCG) is hoping the commission’s core recommendations will be carried through and a duty of care be placed on HMRC, according to Contractor UK.

‘For too long HMRC has been free to trample all over the businesses of innocent and law-abiding taxpayers,' John Brazier, PCG managing director, said. ‘We are hopeful that this exercise will finally allow them to obtain proper redress for the harm HMRC inflicts.’

Further reading:

Read the Contractor UK story http://www.contractoruk.com/news/003862.html