My decision
My decision
A case management decision, such as the admission of a late appeal, involves weighing up competing considerations for which there is not one answer. To succeed with his challenge to such a case management discretion, the Applicant would have to establish that no reasonable tribunal, directing itself properly as to the law, could have exercised discretion in the way the FTT did. The Applicant has not put forward an arguable case that, in making the Decision, the FTT stepped outside the generous margin of case management discretion afforded to it. I explain this in more detail with regard to each of the Grounds advanced by the Applicant.
- Heading
- JUDGE TRACEY BOWLER
- When can an appeal be made?
- The Decision
- Grounds of appeal
- My decision
- Consideration of the Grounds
- Ground 1: the FTT erred by taking into account the merits of the appeal
- Ground 2: the FTT applied too high a threshold by referring to the need for a “compelling” case which is higher than the threshold of “more than just arguable”
- Ground 3: the Applicant’s case is not rather weak
- Ground 4: an appeal would need to consider whether HMRCs’ decision-making was proportionate
- “A wide discretion is conferred on the Government and Parliament in devising a
- Ground 5 - the FTT has failed to take into account the large amount of the penalties and has granted HMRC a windfall
- Ground 6 – exceptional hardship
- “The core point is that (on the evidence available to the FTT) Mr Katib would suffer hardship if he (in effect) lost the appeal for procedural reasons. However, that again is a common feature which co
- Conclusions
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