Alex Ustych represents HMRC in dismissal of £70 million misfeasance claim

In Whiteway Wilkinson & Ors v The Commissioners for HMRC [2025] EWHC 2773 (KB), Alex was led by Alan Payne KC in long-running case brought by the founders of a brewery following their prosecution for cheating the public revenue. The Claimants brought High Court proceedings for negligence, misfeasance in public office, malicious procurement of a search warrant and malicious prosecution, valuing their “destroyed business” at up to £70 million. The claim related both to their investigation/prosecution and to the brewery’s registration as a producer.

In a 150 page judgment, Mr Justice Freedman granted HMRC’s strike out/summary judgment application following a three-day hearing, finding that CPS (not HMRC) was the prosecutor, that there was no basis to impose a duty of care and that the misfeasance claims lacked an evidentiary foundation.

The case received coverage in the legal press: Solicitors Journal and ICLG.

Alex has extensive experience of complex misfeasance-type claims, both for police forces and other public authorities (including when acting as sole counsel against KCs.)