Kearney Transport Limited v The Commissioners for HMRC

Decision date: 18 September 2026

Neutral citation: [2026] UKFTT 1357 (TC)

Overall AI summary confidence: high

AI Notice: Any short overview, ratio decidendi summary or obiter dicta summary shown on this page is AI-generated, provided only to help users assess potential relevance more quickly, and may be wholly inaccurate. No liability is accepted for the accuracy of any such summary, regardless of any AI confidence rating shown. Users should check the underlying decision and obtain appropriate legal advice rather than relying on any summary.

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

Kearney Transport Ltd appealed HMRC assessments and wrongdoing penalties after beer found on two of its vehicles was seized. The Tribunal found on the balance of probabilities that Kearney was the person "holding" the excise goods because the vehicles and drivers were its resources and the drivers had received instructions from a company director, and it upheld the duty assessments and penalties in full. 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 treated evidence that a company owned/controlled the vehicles and employed the drivers, together with evidence that those drivers took instructions from a company director, as sufficient to establish that the company was "holding" excise goods for the purposes of regulation 10 HMDP Regulations; conversely, failure to produce credible, consistent evidence showing a bona fide transfer of responsibility to a third party weighed against the appellant.

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 a director being on holiday does not by itself show the company had not given instructions or retained responsibility, and that speculative points (e.g. about trailer type or presumed driver knowledge) are insufficient without positive evidence.