Tax Junior of the Year – Chambers Bar Awards 2013, nominated 2016
After reading Mathematics at Durham, Hui Ling began her career in corporate finance in 2001 at US investment bank Bear Stearns (fondly remembered) where she received a solid grounding in accounting, finance and the 100-hour working week. She was first attracted to the tax bar under the erroneous belief that it was all numbers and Perry Mason. Albeit wrong on both counts, she was nevertheless undeterred and has rapidly built a strong contentious and advisory practice.
Hui Ling appears regularly in significant, high-value cases and is currently appointed to the Attorney General’s A Panel of Counsel. Recent highlights include:
acting for the taxpayers before the Supreme Court in WHA (with Roderick Cordara QC and Tim Eicke QC);
representing the pension trustees in Equity Trust Singapore Ltd before the Court of Appeal involving tax and surcharges on £100m of funds under management. Lloyd L.J. described her submissions as “conspicuously able” ;
acting for the 24 Claimants in Derrin Brother Properties in the High Court in relation to enquiries by the ATO with tax at stake of AUD 230m. Simler J. described her arguments as “admirable and forceful” ;
representing five lead case LLPs in the £300m Icebreaker litigation (with Jonathan Peacock QC).
Hui Ling also advises a range of corporate and private clients in all areas of tax law with an emphasis on VAT, business and corporate taxation. Recent corporate work includes advising on capital allowances, company reconstructions and issues concerning loan relationships and derivative contracts. Recent VAT work includes single/multiple supply and supply classification issues, partial exemption issues and Fleming claims. Recent private client work includes advising on tax issues concerning sportsmen, entertainers and event sponsors, partnerships, pensions, investments and remuneration.
She has a particular interest in cases raising avoidance / abuse of rights, human rights or accounting issues as well as an interest in innovative tax dispute resolution processes, which led to her become chambers’ first CEDR accredited mediator in 2011.
Hui Ling has served with the Officer Training Corps of the Territorial Army for 3 years. She has also run the 151-mile Marathon des Sables, rafted through the Amazon and swum the Channel in a relay, all of which she describes as “fun”, though noticeably only after the event.
Recommendations – Hui Ling is recommended as a leading junior in both Legal 500 and Chambers & Partners, where she receives particular acclaim for her skills in court:
"She is an extraordinarily accomplished advoate" and “She can respond creatively to the developments in a case as they arise” – Legal 500 2016 (Leading junior – Tax: Corporate (Band 1) and VAT (Band 1))
Identified as a "Most Highly Regarded Leading Junior" for Corporate Tax: "From 11 New Square, Hui Ling McCarthy is a "phenomenal talent" whose "straightforward and practical advice" makes her "one of the most sought-after juniors at the tax bar today"." – Who’s Who Legal (UK Bar 2016)
Boasts a flourishing reputation across multiple areas of taxation law and is particularly commended for her work on VAT, business and corporate tax cases. She has done notable work on cases involving tax avoidance and human rights issues.
Strengths: “Fantastic and very industrious, she moves things along well. She has a great intellect and a great personality.”
Recent work: Involved in the Icebreaker litigation, acting for the taxpayer – Chambers and Partners 2016 (Tax)
“Combines excellent client handling skills with the ability to apply her knowledge to great effect” – Legal 500 2015 (Tax: Corporate and VAT; leading junior – VAT (Band 1))
Singled out as “Most highly regarded leading junior” for Corporate Tax: Hui Ling McCarthy has “the greatest appetite for work of anyone at the tax bar” where she specialises in VAT, business and corporate taxation. Peers call her a “stand-out junior” who “is certain to take silk” – Who’s Who Legal (UK Bar 2015)
Has a growing reputation, with regard to both her litigious and advisory work. Her workload covers both direct and indirect taxation.
Expertise: “She takes her litigation very seriously. A good, straightforward but fierce opponent in court.”
Recent work: She acted for the taxpayer in the significant Icebreaker litigation, where she appeared in the lead-case appeals before the First-tier Tribunal concerning income tax relief based on trading losses – Chambers and Partners 2015 (Tax)
“She immediately grasps the essence of an argument and sees its strengths and weaknesses” – Legal 500 2014 (Tax: Corporate and VAT; leading junior – VAT)
Hui Ling McCarthy [h]as been involved in a series of high-value cases and earns acclaim as a talented and sophisticated tax advocate. She is active in both direct and indirect tax disputes.
Expertise: “She has an analytical mind and is always very well prepared.”
Recent work: She acted for the taxpayer in the high-profile Icebreaker litigation, involving five appeals to the First-tier Tribunal concerning the availability of partnership trading losses for sideways loss relief – Chambers and Partners 2014 (Tax)
Among the set’s highly regarded juniors… Hui Ling McCarthy is praised for her “excellent bedside manner” and “deep knowledge of the law” – Legal 500 2013 (Tax: Corporate and VAT; leading junior – VAT)
Clients were quick to praise Hui Ling McCarthy for her “intelligence, superb logical ability, articulacy, sheer hard work and charm.” She is well equipped to advise on a wide range of tax issues, and is well used to representing clients in court without a leader. She has recently been involved in some important cases concerning tax avoidance – Chambers and Partners 2013 (Tax)
“One of the more impressive junior members of the Revenue Bar… with an increasing presence in significant cases”, “Intellectually extremely good, with both deep and broad technical tax and procedural knowledge and excellent client management skills, especially in the speed with which she identifies the key logic in an argument”and “Painstaking, thorough, leaves no stone unturned and gives enormous confidence to the client” – Tax Journal 40 under 40 2011/12
Hui Ling McCarthy “leaves no stone unturned and is an excellent and clear advocate” – Legal 500 2012 (Tax: Corporate and VAT)
The highly rated Hui Ling McCarthy is held in excellent regard by clients, who praise her “ability to get round the academic element well and put points across in an effective and practical way.” She has a particular interest in tax avoidance and abuse as part of a broad practice that takes in VAT, capital gains tax and corporate taxation matters of many hues - Chambers and Partners 2012 (Tax)
The “tenacious, thorough and reliable” Hui Ling McCarthy garners praise for her VAT expertise - Legal 500 2011 (Tax: Corporate and VAT)
Sought after for her advocacy skills and “strong logical arguments”. She handles both direct and indirect taxation, with an emphasis on VAT and business and corporate taxation. She receives glowing praise for “coming up with complex technical arguments on the hoof” – Chambers and Partners 2011 (Tax)
Tax Junior of the Year – Nominated – Chambers Bar Awards 2016
Tax Junior of the Year – Chambers Bar Awards 2013
Shortlisted for the Chambers 100 UK Bar (Juniors) 2013
Shortlisted as a finalist for Young Practitioner of the Year – STEP Private Client Awards (2013/14)
Rising Star within Indirect Tax - Indirect Tax Awards (2012)
40 under 40 - Tax Journal (2011/12)
Shortlisted for Taxation’s Rising Star – Taxation Awards (2009)
Top 35 Under 35 – Private Client Practitioner (2009)
Hui Ling has chaired or spoken at conferences organised by the CIOT, the IIT, STEP, the Oxford Centre for Business Taxation, LexisNexis and IBC amongst others.
Recent topics include:
The role of ADR in tax disputes
The taxation of compensation and damages
HMRC’s and the courts’ approach to avoidance / abuse of rights
VAT – partial exemption special methods and case law
Tax and accounting
Penalties and disproportionality
Chairman of the CIOT’s Dispute Resolution and Litigation Group. Member of the CIOT’s EU and Human Rights, Management of Taxes and CGT and Investment Income sub-committees; representing the CIOT on HMRC’s ADR Working Group.
CEDR Accredited Mediator
Association of Tax Technicians – Associate (ATT)
Chartered Institute for Securities & Investment – Chartered Member (Chartered MCSI)
Securities & Futures Authority – Qualified Representative
Member of the Revenue and Chancery Bar Associations and the VAT Practitioners’ Group
Hui Ling McCarthy has professional liability insurance provided by the Bar Mutual Indemnity Fund Limited (of 90 Fenchurch Street, London EC3M 4ST) on a world-wide basis and subject to the terms of cover: see http://www.barmutual.co.uk/.
VAT number: 887981441