Diane Stoney v The Commissioners for HMRC
Decision date: 10 July 2025
Neutral citation: [2025] UKFTT 850 (TC)
Overall AI summary confidence: medium
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: medium
This appeal concerned an application for permission to bring a late appeal against HMRC assessments and closure notices totalling £9,911.80 relating to alleged invalid EIS claims. The Tribunal applied the three-stage Martland test, found the appellant had reading/writing difficulties, was a victim of fraud and reasonably relied on an adviser, and concluded the short delay (about four months) was excused. On balance the prejudice of refusing permission outweighed prejudice to HMRC, so permission for the late appeal was granted.
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 applied the established three-stage Martland framework for late-appeal applications (establish the extent of delay; identify and assess the reasons for the default; evaluate all circumstances including prejudice and a limited merits impression). Within that framework the decision indicates that claimant vulnerability (such as reading/writing difficulties) and legitimate reliance on third-party assistance can constitute a good reason to excuse delay and justify granting permission for a late appeal.
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 noted as guidance that appellants should not be permitted to delay appealing simply to await successful outcomes in other cases, though awareness of similar cases may support an explanation; and that tribunals should generally avoid a detailed merits assessment at the permission stage while retaining the ability to form a broad impression of obvious strength or weakness.