JST (UK) Limited v The Commissioners for HMRC
Decision date: 21 August 2026
Neutral citation: [2026] UKFTT 1226 (TC)
Overall AI summary confidence: high
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
JST (UK) Ltd applied for permission to appeal out of time against a 25 October 2017 closure notice denying a £1,425,000 deduction and increasing corporation tax by £342,000. The Tribunal applied the three-stage Denton/Martland approach, found an approximately eight-month delay was serious, that JST’s focus on concurrent restitution litigation and reliance on its advisers (BDO) did not provide a good reason for the delay, and refused permission to appeal out of time.
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 held that where delay is serious and not shown to be for a good reason, reliance on professional advisers will ordinarily be treated as the litigant’s failing unless there are exceptional facts showing the litigant did all that could reasonably be expected to keep matters on track; tribunals must balance length of delay, reasons for default, prejudice to the parties and the apparent strength of the substantive case when deciding late-appeal applications.
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 judgment observed that a reasonable taxpayer aware of a 30-day appeal right who is engaged with advisers and with HMRC should normally inquire about protective appeals, and that lack of contemporaneous adviser records weakens a claim of reliance; also that long-running enquiries or litigation do not by themselves excuse long delays in lodging a relatively straightforward appeal.