TRIBUNAL ANALYSIS AND DECISION
TRIBUNAL ANALYSIS AND DECISION
The Time limit Application
We have takenthe starting point as set out in of Martland at [29]:
“...the presumption should be that the statutory time limit applies unless an applicant can satisfy the FTT that permission for a late appeal should be granted, but there is no requirement that the circumstances must be exceptional before the FTT can grant such permission.”
and then carried out the three stages:1) Establish the length of the delay.;(2) Consider the reason (or reasons) why the default occurred, and (3) evaluate "all the circumstances of the case" which involves a balancing exercise which will essentially assess the merits of the reason(s) given for the delay and the prejudice which would be caused to both parties by granting or refusing permission.”
- Heading
- Introduction
- Evidence and Facts
- HMRC’S Submissions
- Rule 2 of the Tribunal Rules provides
- Approach Where Reinstatement Sought Out Of Time
- Application For An Extension Of Time
- Application For Reinstatement
- Appellant’s Submissions
- Application for appeal to be re-instated
- TRIBUNAL ANALYSIS AND DECISION
- Length of the delay
- The reason (or reasons) why the default occurred
- Evaluation of "all the circumstances of the case"
- Conclusions
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