Sceptre Services Limited v Commissioners for Her Majesty's Revenue and Customs

Decision date: 6 May 2010

Neutral citation: [2010] UKFTT 315 (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 decision concerns HMRC's late application to rely on a witness statement by Mr Ian Henderson based on FCIB cash-flow data in an MTIC input VAT appeal by Sceptre Services Ltd. The Tribunal found the FCIB evidence relevant to the integrity of the alleged deal chains but refused permission to admit it because its late production would unfairly prejudice the appellant and undermine case management and the ability to prepare rebuttal. The application was therefore refused and costs were reserved.

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

Relevant evidence should generally be admitted, but late service of substantial core evidence may be excluded where there is a compelling reason such as unfair prejudice to the opposing party and interference with the case management timetable; a "cards-on-the-table" approach and the need to give a fair opportunity to prepare rebuttal can justify refusing admission of late evidence.

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 indicated that internal administrative delays (for example, queuing for server access) are not a sufficient explanation to override case management expectations, and that FCIB cash-flow data can be relevant to the integrity of deal chains even if it does not show goods movements or directly implicate the appellant.