Upper Tribunal Tax and Chancery Chamber
UT (Tax & Chancery) UT/2022/000099 - [2024] UKUT 00184 (TCC)
Fecha: 24-Abr-2024
Heading

UT Neutral citation number: [2024] UKUT 00184 (TCC)
UT (Tax & Chancery) Case Number: UT/2022/000099
Upper Tribunal
(Tax and Chancery Chamber)
By remote video hearing
COSTS – whether a clear winner before the FTT – yes – appeal allowed – costs awarded but reduced to take into account conduct and other factors
Heard on 24 April 2024
Judgment given on: 25 June 2024
Before
MR JUSTICE PETER ROTH
DEPUTY UPPER TRIBUNAL JUDGE ANNE REDSTON
Between
ULSTER METAL REFINERS LIMITED
Appellant
and
THE COMMISSIONERS FOR
HIS MAJESTY’S REVENUE AND CUSTOMS
Respondents
Representation:
For the Appellant: Mr David Bedenham of Counsel, instructed by CTM Tax Litigation Limited
For the Respondents: Mr James Puzey and Mr Joseph Millington of Counsel, instructed by the General Counsel and Solicitor to HM Revenue and Customs
DECISION
- 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