Colaingrove Limited v The Commissioners for HMRC

Decision date: 29 May 2024

Neutral citation: [2024] UKFTT 490 (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

Colaingrove Ltd sought additional interest under section 84(8) VATA on VAT repayments HMRC made after long-running litigation and rejected s80 claims; the First-tier Tribunal found it had discretionary power (as preserved by TTFO) to award additional interest in appropriate cases, including many arising from s80 claims. The Tribunal allowed additional interest for specified lines (appeals) and refused others barred by post‑1 April 2009 procedural changes, ordering recalculation of amounts at Bank of England base rate plus 1.5% for the awarded periods.

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 Tribunal held that section 84(8) VATA, as preserved by Schedule 3 to the Tribunal Courts and Enforcement Act (TTFO), continues to confer a discretion to award additional simple interest where taxpayers were kept out of sums later found not to have been due to HMRC, including in many cases following rejected section 80 claims; the conventional starting point is Bank of England base rate plus 1% but a higher margin may be awarded where credible evidence shows higher borrowing costs (here base+1.5% was applied).

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 suggests obiter points that it is unnecessary to adopt a conforming EU‑law construction to secure adequacy where the statutory regime (s78 and related provisions) falls within an acceptable range, and it outlines the type of evidence needed to prove higher borrowing costs (independent lending, demonstrable additional borrowing caused by being kept out of funds, and evidence of solvency).