The Executors of the Estate of the Late William Edward Cook v The Commissioners for HMRC

Decision date: 3 February 2025

Neutral citation: [2025] UKFTT 95 (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 First-tier Tribunal considered whether to allow a late appeal against HMRC’s determination denying Business Property Relief (BPR) on 242,192 shares. The Tribunal found the 5‑month 27‑day delay (against a 30‑day statutory window) was serious and significant, rejected the appellants’ explanations based on adviser error and a proposed Deed of Rectification, and refused permission for the late appeal; it also assessed the merits and dismissed the substantive appeal as unlikely to succeed. Parties were told of the right to seek permission to appeal under Rule 39.

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 applied that a long delay measured against a short statutory appeal period is likely to be treated as serious and significant and will weigh heavily against granting late permission; additionally, reliance on professional advisers’ mistakes does not ordinarily excuse missing statutory appeal deadlines, with responsibility resting on the appellants unless they can show they acted as reasonable taxpayers.

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 expressed skepticism that a High Court rectification would be granted where contemporary documentation supports a different transaction and noted it cannot indefinitely stay tax appeals pending parallel High Court proceedings, expecting parties to pursue rectification promptly.