Matthew James v The Commissioners for HMRC

Decision date: 27 October 2026

Neutral citation: [2026] UKFTT 1491 (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

Mr James sought permission to bring a 139-day late appeal against HMRC’s Review Conclusion Letter of 24 July 2025 which upheld but reduced a Personal Liability Notice to £11,137. The Tribunal applied the three-stage test for late notification (length of delay; reasons for default; overall balancing including merits and prejudice), found the delay serious, concluded Mr James had knowingly elected not to appeal and only changed course after failed payment negotiations, and refused permission to pursue the late appeal. The Tribunal did find the appeal had reasonable prospects but that factor did not outweigh the other considerations.

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: high

The decision applies and endorses the three-stage approach to applications for permission to notify statutory appeals late (assessing length of delay, reasons for default, and an overall balancing including merits and prejudice). It also indicates that where an appellant knowingly elected not to appeal within the statutory period and only seeks leave after failed payment negotiations, those reasons will generally weigh against granting permission.

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 that a litigant in person’s shortage of funds or lack of legal experience is generally not a good reason for missing statutory appeal deadlines, and that prejudice to HMRC may be afforded limited weight where the underlying assessments were long disputed and were materially reduced before the review decision.