Julian Hickey – Associate Member

080916-1.022 2_J Hickey White Background

Email: clerk@sjohnsbuildings.co.uk

Phone: 0161 214 1500

Year of call: 1995

Book Barrister

Professional Status:                        

  • Barrister (licensed for self-employed & employed practice)
  • Fellow Chartered Institute of Taxation (2012)
  • Solicitor Admitted April 2005, on Roll to 2014
  • Called to the Bar by the Inner Temple in Oct 1995

Current:

Temple Tax Chambers (self-employed) Barrister

Education:                                        

London School of Economics

2003-05: LLM (Tax), Merit,

1998-99: Pupillage, Chancery/Tax

University of London

1996-98: Ph.D, Tax

Inns of Court School of Law

1994-95: Gray’s Inn, Very Competent

University of London

1993-94: LLM Corporate & Insolvency, Merit

Queen Mary University of London

1990-93: LL.B, 2:1

Past Professional Positions:

May 2011 to September 2013: Partner at Bird & Bird LLP

April 2010 to April 2011: Partner at Lawrence Graham LLP

Sep 2006 to April 2010: Partner (Partner from 1 May 2008) Berwin Leighton Paisner LLP,

2005 to 2006: Senior Associate at Watson, Farley & Williams LLP

2003 to 2004: Barrister at 3 Temple Gardens Tax Chambers, (for a 12 month project representing The Government of The Cayman Islands)

2000 to 2003: Associate at Cleary, Gottlieb, Steen & Hamilton LLP, (seconded to NY office for 6 months)

1996 to 1998: Research Fellow at Centre for Commercial Law Studies, University of London

1996 to 1997: Judicial Assistant to Mr. Justice Evans-Lombe, Chancery Division

Recommendations (published on LinkedIn)

Jonathan Peacock QC, 11 New Square, Lincoln’s Inn, London “I worked with Julian on a number of projects and his analysis was both of a very high technical standard and commercially astute.”

David Southern QC, Tax Barrister at Temple Tax Chambers “Julian is a hugely capable and experienced tax lawyer, besides being charming and great fun to work with.”

Sam Grodzinski QC, Barrister at Blackstone Chambers: “Having appeared in Court against Julian, I can say he is an excellent solicitor-advocate, and knows his tax law inside out. I would be very happy to recommend him for tax advisory and litigation work.”

Interests:       

  • Sailing
  • Beekeeping
  • Travel and socialising with friends and family

Expertise

  • Tax

    Tax dispute resolution

    • DSJ & Others v HMRC: tax residency of corporate group following implementation of tax scheme
    • U-Drive Ltd v HMRC: recovery of input VAT
    • Various cases relating to implementation of SDLT residential planning: challenge to discovery assessments, challenge to issue of notices as out of time, application for closure: Milltown Ltd v HMRC, Frosh, Goring-Thomas v HMRC
    • T v HMRC: interpretation section 68 CTA 2009 and definition of “tools”
    • Advising on 3 separate class action JR’s: Accelerated Payment Notices and Judicial Review
    • NFOP v HMRC: VAT status of unincorporated associations
    • Advised various film partnerships on availability of losses
    • LighterLife UK Limited v HMRC: Acting for a leading supplier of dietary food and services in relation to a dispute with HMRC concerning VAT on single/multiple supplies
    • G v HMRC: Acting for a franchisee of a leading supplier of dietary food and services in relation to a dispute with HMRC concerning VAT on single/multiple supplies
    • HMRC v Banerjee [2010] EWCA Civ 843 (Court of Appeal) and the High Court hearing [2009] EWHC 62 (Ch), [2009] 1 WLR 800. Won in both courts against Revenue Panel ‘A’ barrister (now a QC)

    Corporate M&A/Reconstructions/Commercial/Family Office/International

    • Advised on various schemes of reconstruction, s.135/136 reconstructions, associated companies relief, demergers, s.110 liquidations
    • Advised on permanent establishment issues on transactions, whether created in UK, e.g. construction sites, application of UK tax treaties, dependent agent issues, use of different types of agency arrangements, investment management exemption, attribution of profits to permanent establishment
    • Advised on migration of companies, exit charge issues
    • Advised on central management & control issues, including review of existing structures. Advised on the establishment and continued operation of an offshore holding company structure for equity investments (central management and control issues)
    • Advised on establishing operations in the UK either as subsidiary or branch operations/incorporation of branches
    • Advising on legal arrangements to reflect transfer pricing analysis for group transactions involving IP licensing, contract research, intra-group services
    • Advised on tax aspects of JV formation, CFC issues (shareholder agreement, put option, share buy-back mechanism), section 13 chargeable gains attribution, transfer pricing.
    • Advised on tax covenants and tax warranties associated with various disposals and acquisitions

    Funds/structured investments (covering a range of asset classes, such as real estate, aircraft)

    • Advised on permanent establishment issues in respect of fund structures
    • Advised on holding structures for residential and commercial real estate
    • Advised on whether non-resident carrying on a trade in the UK in respect of a fund
    • Advised a leading institution on the repackaging of fund portfolios seeded with real estate
    • Advised on intermediate holding structures to mitigate withholding tax issues associated with inbound and outbound investments
    • Advised on the tax aspects of fund structuring for several leading institutions (including via onshore and offshore holding structures (direct and indirect holdings): companies, limited partnerships, and offshore trusts): real estate/debt/equity holdings
    • Advised on application of SDLT rules to JPUTs and overlay with alternative finance exemption
    • Advised on tax structuring for enhanced capital allowances for a new energy fund
    • Advised a leading institution on restructuring a shopping centre fund
    • Advised UK bank on tax structuring issues relating to the disposal of balance sheet equity and debt instruments into a non-UK fund structure
    • Led tax team advising a non-UK investor on the acquisition of a UK debt securities portfolio, and a tax structured method to enable UK withholding tax to be avoided
    • Advised on the establishment and continued operation of an offshore holding company structure for equity investments (central management and control issues)
    • Advised on application of UK offshore fund rules to structures; and obtained clearances from HMRC in respect of application of rules
    • Advised on real estate sale and leasebacks
    • Advised a UK bank on the Prop/Op Co refinancing of a major retailer (£650m). Provided lead on tax negotiations for bank, and mitigation of tax risk for the bank.
    • Represented UK bank on its bid for the UK, German and Dutch portfolios of a hotel business (£1bn). Designed a strategy for eliminating UK VAT costs for bank.

    Corporate Finance and Structured Finance

    • Advised on the European VAT implications of a $350million restructuring of a securitisation structure (involving a market leader in the leasing of aero engines) & structuring of EU VAT solution
    • Advised a financial institution on compliance with the Bank Code of Conduct
    • Advised on a range of loan agreements for a leading financial institution (revolving credit, senior, mezz/PIKs/profit participating loans/discounted bonds)
    • Advising on tax deductibility of finance costs/unallowable purpose in relation to commercial mortgage-backed securities structures
    • Advising a bank on the securitisation of a leading retailer: deductibility of interest, withholding tax, derivative contracts, secondary tax liabilities, de-grouping charges
    • Advised a non-UK investor on the acquisition of a UK debt securities portfolio, and a tax structured method to enable UK withholding tax to be avoided
    • Sharia financing structures
    • Tax treaties/Indofood issues/conduit companies/anti-avoidance
    • Responsible for developing tax efficient pension deficit reduction structures
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