Daryl Flagg v Director of Revenue for the UK Border Agency

Decision date: 27 October 2010

Neutral citation: [2010] UKFTT 518 (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 is an appeal by Mr Flagg against the Director of Revenue’s refusal to restore a Peugeot seized after excise goods were found; the review decision by Officer Harris refused restoration on the Agency’s non-restoration policy and on the basis no exceptional hardship was shown. The Tribunal accepted some of Mr Flagg’s medical and vehicle evidence but concluded that his medical condition did not make possession of the seized vehicle essential and that Officer Harris’s decision was one a reasonable decision-maker could reach. The appeal was dismissed.

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 Tribunal upheld a review refusal of restoration where the decision-maker considered relevant evidence and reached a conclusion a reasonable reviewer could reach; in particular, a claim of “exceptional hardship” must be supported by evidence showing hardship beyond the normal consequences of seizure, and absence of such evidence supports application of a non-restoration policy.

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 (obiter) that it would be an abuse of process to re-litigate the legality of the seizure in these circumstances, that availability of alternative mitigation (other transport, benefits) is not by itself decisive when assessing exceptional hardship, and that restoration on hardship grounds may be given on terms (for example, conditional fees).

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