AH0885 - Commissioners’ Hearing: Examination of Witnesses: Cross examination of HMRC witnesses


You should note any serious damage that is done to the HMRC case in cross-examination of your witnesses by the other side and consider whether you need to ask any questions in re- examination.

You also need to be alert to ask the Commissioners to intervene if the cross-examination of a HMRC witness oversteps the limit of hard, skilful cross-examination and degenerates into bullying or brow-beating. This will very seldom happen, but you must be prepared for the possibility. A careful exercise of judgement is needed. If you intervene too frequently, the Commissioners may feel that you are trying to shield the witness. On the other hand, if you do not intervene at all the Commissioners may conclude that you have abandoned the witness. The safest rule is not to intervene unless you judge it to be absolutely necessary.