(1)Reed Employment Plc (2)Reed Employment Staffing Services Limited (3)Reed Health Limited (4)Reed Learning Plc (5)Reed Learning Staffing Services Limited (6)Reed Managed Services Limited (7)Reed Payroll Management Limited (8)Reed Personnel Services Limited (9)Reed Staffing Services Limited (10)RPS Payroll Management Limited (11)RPS Staffing Services Limited v Commissioners for Her Majesty's Revenue and Customs

Decision date: 15 December 2010

Neutral citation: [2010] UKFTT 596 (TC)

Overall AI summary confidence: medium

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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: medium

This case concerns case management of a tax appeal in the First-tier Tribunal (FTT) that is closely linked to a judicial review (JR) in the Upper Tribunal (UT) about HMRC's treatment of certain payroll/salary-sacrifice arrangements and related legitimate expectation issues. The tribunal split on procedure, but by casting vote ordered the FTT appeal to be heard first (13 days from 14 March 2011), stayed the JR pending that outcome, and made limited disclosure and timetabling directions. Disclosure was ordered to be limited to HMRC Head Office/technical staff documents up to end-February 2007; broader local-office searches were held disproportionate. Some proposed amendments to the JR were refused; others allowed.

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

Where issues of legitimate expectation are closely linked to a tax appeal, ordinary case management supports hearing the tax appeal first in the FTT and staying JR proceedings so the UT can consider any JR in light of the FTT decision; disclosure for legitimate expectation should be proportionate and may be confined to relevant Head Office/technical materials up to the point HMRC communicated its intention.

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 noted it could be convenient in appropriate cases for the same judges to receive evidence for both FTT and UT roles, and that the UT has power under its rules to direct that FTT evidence and transcripts stand as evidence in the UT and to give due weight to FTT findings, though jurisdictional constraints may affect simultaneous hearing.