Upper Tribunal Tax and Chancery Chamber
UT (Tax & Chancery) UT/2022/000099 - [2024] UKUT 00184 (TCC)
Fecha: 24-Abr-2024
Conclusions
The Decision and the Costs
We allow the Appellant’s appeal, and order HMRC to pay the Appellant 40% of its costs of the substantive hearing on a standard basis. Unless previously agreed between the parties, those costs are to be subject to detailed assessment in accordance with Rule 10(7)(a) of the FTT Rules.
Any application for costs in relation to this appeal against the Costs Decision must be made in writing within one month after the date of release of this decision and be accompanied by a schedule of costs claimed, as required by Rule 10(5) and (6) of the Tribunal Procedure (Upper Tribunal) Rules 2008.
MR JUSTICE ROTH
JUDGE ANNE REDSTON
RELEASE DATE: 25 June 2024
- Heading
- Introduction and summary
- The FTT Rules
- CPR 44
- The Background
- The Costs Decision
- The starting point
- The CPR case law
- The approach under the FTT Rules
- Submissions and discussion
- The UT’s jurisdiction
- Remaking the costs decision
- HMRC’s success
- Case law guidance on conduct issues
- The FTT’s findings relating to HMRC’s conduct
- The FTT’s findings about Mr Donaldson
- The parties’ submissions
- Conclusion
- Conclusions