Heading

Neutral Citation: [2025] UKFTT 01254 (TC)
Case Number: TC09667
FIRST-TIER TRIBUNAL
TAX CHAMBER
George Street, Edinburgh
Appeal reference: TC/2024/02428
EXCISE DUTY – self-storage unit – liability of self-storage business – holding – concerned in keeping – Excise Duty (Holding, Movement and Duty Point) Regulations 2010 (SI 2010/593) – Schedule 41 of Finance Act 2008 – appeal allowed.
Heard on: 26-27 August 2025
Judgment date: 17 October 2025
Before
TRIBUNAL JUDGE BLACKWELL
MR JOHN WOODMAN
Between
LEN LOTHIAN HOLDINGS LIMITED
Appellant
and
THE COMMISSIONERS FOR HIS MAJESTY’S REVENUE AND CUSTOMS
Respondents
Representation:
For the Appellant: Mr Philip Simpson KC, instructed by Gilson Gray
For the Respondents: Miss Elisabeth Roxburgh, instructed by the Advocate General
DECISION
- Heading
- Introduction
- Issues in dispute
- Application to admit evidence
- Legal Framework
- Caselaw on holding
- Dawson’s
- Hartleb
- Other cases
- Schedule 41 FA 2008
- Findings of Fact
- Reliability of witnesses and of affidavit
- Mr Lothian
- Affidavit of Mr Melvin
- Findings of Primary Fact
- Unit B1022
- HMRC visit
- Records
- Termination of agreement
- HMRC actions post-visit
- Kami and Chelsea Kelly
- Self storage licence agreement
- Conclusions
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