Monty Jivraj

Contentious Disputes Consultant

Introduction

“I have been instructed by Monty in a number of tax cases over the years and have learnt that Monty is unique. He is extremely good at what he does. He is hard working, an excellent communicator and negotiator, he never gives up and nothing is too difficult. And perhaps his best quality is that he understands how business works and brings that experience to the Legal field for the benefit of his clients. All his clients speak of Monty's utter dedication to their cases!” - Abbas Lakha QC, Barrister at 9 Bedford Row

“Monty’s dedication to his clients is unparalleled. He works relentlessly to ensure that his clients receive the best advice and that costs are kept to a minimum. Monty brings to each case an enthusiasm and creativity which is rare and will not shy away from any challenge.” - Robert Morris, Barrister at 3 Raymond Buildings

“Monty is a sharp and astute legal advisor. His relentless attitude to achieve the results you want pushes him above his peers. He is always ready to think outside the box and protect both his clients commercial and legal interests. Monty always provides a solution and not an excuse to a problem at hand.” - A. Anand, COO at Rain Limited | Rain Post Production

“Monty is a specialist in his field and is honest in his approach. Will use his service again.” - Alwin Ng, Founder of Trade Your Edge

"Monty Jivraj brings to each case a deep commitment to the client's cause. He understands the client's requirements and is strategic in pursuing the client's aims. Monty is highly motivated and ambitious but, importantly, he is a team player: successful litigation requires good communication with client and counsel, combined with dedication and hard work. Monty works hard to get results." Edmund Vickers, Barrister, 9 Bedford Row

Monty Jivraj has a commercial background and is an experienced Consultant to the Litigation Department. He has extensive experience in sales and operations management both on a National and International level and has dealt with HMRC in relation to complex Taxation and VAT issues on behalf of clients. He has developed a niche practice in direct and indirect taxation issues and has a thorough understanding of HMRC’s policies and their impact on businesses; in particular he specialises in the preparation and development of strategies for litigation claims against HMRC and his experience in commerce and litigation is a particular asset to his clients.

Monty was formerly a professional cricketer having played for East and Central Africa in the 1997 ICC Mini World Cup Trophy and he brings the drive and dedication of a professional sportsman to his work as a tax litigation expert. He is results driven with a broad commercial acumen. His extensive knowledge of domestic and international businesses, compliance work, including designing and implementing due diligence procedures, places him in a unique position to assist clients on evidence and strategy in Litigation. Monty was one of very few individuals given the opportunity to give evidence before the House of Lords Select Committee on the European Union (Sub-Committee A - Economic and Financial Affairs, and International Trade) in their inquiry into Missing Trader Intra-Community (MTIC) fraud in the UK in January 2007.

Monty’s professional career as a cricketer led him to playing in many parts of the World including Australia, the UK, the UAE and Canada. He is now a qualified English Cricket Board Level 1 coach and is currently playing in the Middlesex County League for Uxbridge Cricket Club.
Monty is fluent in Swahili, Hindi and Gujarati and also speaks basic Arabic.

Successful Cases

1.    Hawkeye Communications Limited –and- Her Majesty’s Revenue & Customs (“HMRC”) - In which HMRC have withheld a VAT repayment claim by the trader alleging that the trader knew or ought to have known that its transactions connected back to a fraudulent tax loss and was successful in relation to costs under rule 10 of the 2009 Rules. - Monty Jivraj of Jeffrey Green Russell Limited for the Appellant.

2.    Atlantic Electronics –and- Her Majesty’s Revenue & Customs (“HMRC”) - Exclusion of Evidence – Judgement in the First Tier Tribunal held “ When deciding whether to exclude evidence it is necessary to consider its potential significance in the context of the case as a whole and to consider the objections including proportionality,"...especially if the evidence is “littered with comments and opinion”.

3.    Simplex Traders Limited –and- Her Majesty’s Revenue & Customs (“HMRC”) – Exclusion of the witness statements of Roderick Guy Stone and John Fletcher of KPMG – Judgement in the First Tier Tribunal held “In my judgement Mr Stone’s witness statement contains very limited potential evidential value and a considerable amount of material which is potentially prejudicial” and added “We have considered the evidence of Mr Fletcher with care but do not place any substantial reliance on it. His evidence included factual material which was inevitably nearly all second hand including that on Nokia’s pricing policy”. – Monty Jivraj of Jeffrey Green Russell for the Appellant.

4.    Atlantic Electronics –and- Her Majesty’s Revenue & Customs (“HMRC”) – Exclusion of Evidence – Judgement in the First Tier Tribunal held “ When deciding whether to exclude evidence it is necessary to consider its potential significance in the context of the case as a whole and to consider the objections including proportionality, especially if “littered with comments and opinion”.

5.    A -and- Her Majesty's Revenue & Customs ("HMRC"): Challenge, the lawfulness of a search warrant issued by HMRC in the HIGH COURT OF JUSTICE – Monty Jivraj of Jeffrey Green Russell Limited for the Claimant.

6.     Demazda International UK Limited – Monty Jivraj of Jeffrey Green Russell Limited for the Appellant – Challenging a Direction by issued by HMRC to “keep specified” business records – The First Tier Tribunal held “ That it is established and is common ground between parties – that the Tribunal must take into account the principle of proportionality in Community law when construing the Commissioners’ powers. The national legislation is to be considered in the light of that doctrine as it has been elaborated by the Court of Justice”. Monty Jivraj of Jeffrey Green Russell for the Appellant.