[2025] UKUT 061 (AAC)

On 31 January 2024 Judge Hobbs of the First-tier Tribunal presided over an oral hearing of both appeals at Gloucester. The claimant attended and represented himself. HMRC was represented by Mr Williams, a presenting officer. HMRC opposed both appeals and argued that both the HMRC 2021-2022 Decision and the HMRC 2022-23 Decision were correctly made.

In a decision made on the day of the hearing Judge Hobbs dismissed both appeals and confirmed both the HMRC 2021-2022 Decision and the HMRC 2022-23 Decision (the “FtT Decision”). At the claimant’s request, Judge Hobbs produced a statement of reasons explaining the FtT Decision in respect of both appeals.

The statement of reasons contains a section under the heading ‘The law to be applied’. That section of the statement is somewhat difficult to follow as it contains numerous cross references to passages in the bundle, when it could have simply referred to the relevant legislative provisions directly. However, it correctly identified the “central question” that had to be addressed in both appeals:

“is [the claimant engaged in] qualifying remunerative work as defined by the regulation by virtue of his being engaged in futures trading?”