Drinks and Food UK Limited v The Commissioners for HMRC

Decision date: 16 November 2023

Neutral citation: [2023] UKFTT 979 (TC)

Overall AI summary confidence: high

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Short overview

This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.

AI confidence in this short overview: high

This appeal concerned Drinks and Food UK Ltd's claim for excise drawback after an assessment and whether HMRC had validly refused most of the claim. The Tribunal found HMRC had waived the three‑year time limit by a 27 December 2019 email and allowed £9,695.27 of the claim (goods exported before 31 December 2020 not requiring de‑stamping), but upheld refusal of the remainder because the claimant failed to ensure de‑stamping complied with the Duty Stamp Regulations (no URNos recorded) and failed to provide required export evidence for the April 2021 shipments. The Tribunal also held it has jurisdiction to supervise whether HMRC reasonably exercised its discretion to allow departures from conditions.

Ratio decidendi

This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.

AI confidence in this ratio decidendi summary: medium

The operative ratio is that pre‑claim communications from HMRC can waive statutory time‑limit conditions if, read reasonably in context, they amount to a waiver; and that EN 207 notice provisions can impose enforceable conditions under the EGDR which must be complied with (or sensibly interpreted), meaning breaches of record‑keeping and required export evidence can justify refusal of the affected parts of a drawback claim. Additionally, where part of a claim satisfies conditions HMRC should allow that portion rather than reject the whole.

Obiter dicta

This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.

AI confidence in this obiter dicta summary: medium

The Tribunal observed (by way of guidance) that it is reasonable and proportionate to expect claimants to verify third‑party compliance with obliteration and record‑keeping given fraud‑prevention aims; that CHIEF S8 absence for roll‑on/roll‑off ferry movements post‑Brexit creates practical evidential issues and HMRC may accept alternative official arrival evidence but not solely commercial documents; and that selecting a cheaper third party without adequate verification may weaken a claim.