TC09654 - [2025] UKFTT 01202 (TC)

We are called to interpret the meaning of the phrase “partly covered” in the context of the Biscuits.

In so doing, and in the context of the dispute between the parties, we must first determine the approach to be adopted to interpretation, identify the meaning of the relevant phrase, and then apply the statutory test, correctly interpreted, to the Biscuits.

We are grateful to both Counsel for their carefully prepared skeleton arguments and comprehensive oral submissions including their willingness to engage with the Tribunal’s detailed questions intended to ensure a thorough understanding of their respective positions. We set out below a summary of their respective positions with an aim to do justice to them but without unnecessarily lengthening the judgment. We assure the parties to the extent that an argument has not been fully set out it was nevertheless considered when reaching our conclusion.