A British judge said Sanjay Shah's case, brought by Denmark over an alleged tax fraud, was 'politically motivated'. Antonie Robertson / The National
A British judge said Sanjay Shah's case, brought by Denmark over an alleged tax fraud, was 'politically motivated'. Antonie Robertson / The National
A British judge said Sanjay Shah's case, brought by Denmark over an alleged tax fraud, was 'politically motivated'. Antonie Robertson / The National
A British judge said Sanjay Shah's case, brought by Denmark over an alleged tax fraud, was 'politically motivated'. Antonie Robertson / The National

Judge condemns Denmark’s pursuit of Dubai tycoon Sanjay Shah over alleged £1.5bn tax fraud


Nicky Harley
  • English
  • Arabic

A UK judge said Denmark’s pursuit of Dubai hedge fund tycoon Sanjay Shah and his associates over a £1.5 billion ($2.11bn) alleged tax fraud was “politically motivated” and designed to make an example of those involved.

The Danish tax authority Skat last month lost its attempt to launch legal action in London's High Court against Mr Shah and 70 other defendants, many of which are companies in the UK, on the grounds that the UK was not the proper place to bring a foreign tax claim.

Mr Justice Andrew Baker, who dismissed the case, stopped short of lifting the global freezing of British businessman Mr Shah's assets, an issue that will be determined at a hearing next month.

The judge ruled this week that Skat was liable for all the defendants' legal costs, and he condemned the judgment of leading Danish politicians for bringing the case.

"It was litigation that was politically as well as financially motivated," he said. "The litigation was the subject of ill-judged public statements by senior Danish politicians appearing to pre-judge the factual issues that would have fallen to be determined by the court.

“They both confirmed, or reinforced, the impression that there was a substantial political dimension to the bringing and vigorous pursuit of the claims brought here, in particular that their purpose was punishment and deterrence as much as it was financial recovery for the Danish taxpayer, and also involved a degree of 'playing to the gallery' in response to the significant media interest this affair has generated in Denmark.”

The London court case played prominently in Danish media, drawing comment from the country's public prosecutor and tax minister, while the government faced scrutiny over substantial loss of funds.

Skat claimed Mr Shah was a central player in a scheme in which foreign businesses pretended to own shares in Danish companies, then claimed tax refunds for which they were not eligible.

The London case – which was expected to be the longest in UK High Court history – is just one avenue Denmark is pursuing in a bid to recoup the rebates it says it unwittingly granted Mr Shah and others.

Mr Shah said his schemes were a “widely known and wholly legitimate trading strategy”.

This year, Denmark brought criminal charges against Mr Shah and is seeking his extradition from Dubai.

Acting Danish State Prosecutor Per Fiig said that the severity of the case was such that Denmark could seek a 12-year prison sentence for Mr Shah – a longer sentence than such crimes would usually carry.

Last year, Danish authorities froze many of Mr Shah's assets, including a £15 million ($20.8m) home near Hyde Park in London.

First Person
Richard Flanagan
Chatto & Windus 

Also on December 7 to 9, the third edition of the Gulf Car Festival (www.gulfcarfestival.com) will take over Dubai Festival City Mall, a new venue for the event. Last year's festival brought together about 900 cars worth more than Dh300 million from across the Emirates and wider Gulf region – and that first figure is set to swell by several hundred this time around, with between 1,000 and 1,200 cars expected. The first day is themed around American muscle; the second centres on supercars, exotics, European cars and classics; and the final day will major in JDM (Japanese domestic market) cars, tuned vehicles and trucks. Individuals and car clubs can register their vehicles, although the festival isn’t all static displays, with stunt drifting, a rev battle, car pulls and a burnout competition.

The specs: 2018 Chevrolet Trailblazer

Price, base / as tested Dh99,000 / Dh132,000

Engine 3.6L V6

Transmission: Six-speed automatic

Power 275hp @ 6,000rpm

Torque 350Nm @ 3,700rpm

Fuel economy combined 12.2L / 100km

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FIXTURES

Monday, January 28
Iran v Japan, Hazza bin Zayed Stadium (6pm)

Tuesday, January 29
UAEv Qatar, Mohamed Bin Zayed Stadium (6pm)

Friday, February 1
Final, Zayed Sports City Stadium (6pm)

Red flags
  • Promises of high, fixed or 'guaranteed' returns.
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Courtesy: Carol Glynn, founder of Conscious Finance Coaching

What the law says

Micro-retirement is not a recognised concept or employment status under Federal Decree Law No. 33 of 2021 on the Regulation of Labour Relations (as amended) (UAE Labour Law). As such, it reflects a voluntary work-life balance practice, rather than a recognised legal employment category, according to Dilini Loku, senior associate for law firm Gateley Middle East.

“Some companies may offer formal sabbatical policies or career break programmes; however, beyond such arrangements, there is no automatic right or statutory entitlement to extended breaks,” she explains.

“Any leave taken beyond statutory entitlements, such as annual leave, is typically regarded as unpaid leave in accordance with Article 33 of the UAE Labour Law. While employees may legally take unpaid leave, such requests are subject to the employer’s discretion and require approval.”

If an employee resigns to pursue micro-retirement, the employment contract is terminated, and the employer is under no legal obligation to rehire the employee in the future unless specific contractual agreements are in place (such as return-to-work arrangements), which are generally uncommon, Ms Loku adds.

if you go
The specs

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Torque: 730Nm at 4,000-7,000rpm

Transmission: 8-speed dual-clutch automatic

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The specs: 2019 Audi Q8
Price, base: Dh315,000
Engine: 3.0-litre turbocharged V6
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Monster

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Starring: Kelvin Harrison Jr., John David Washington 

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