Essex Trading Limited v The Commissioners for HMRC

Decision date: 17 January 2024

Neutral citation: [2024] UKFTT 69 (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

Essex Trading Limited sought specific disclosure of documents from HMRC relating to seized alcohol and third-party correspondence from Hi Line's liquidators; HMRC opposed disclosure citing confidentiality under CRCA and irrelevance. The Tribunal found HMRC's opposition unreasonable because s18(2)(c) permitted disclosure for civil proceedings and the documents raised a real issue about ownership of excess goods. The Tribunal ordered HMRC to pay ETL's costs, summarily assessed at £3,461.50, payable within 28 days.

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's ratio is that HMRC cannot properly resist specific disclosure in civil proceedings on a blanket basis by invoking CRCA confidentiality where s18(2)(c) allows disclosure for civil proceedings; instead HMRC should give notice to affected third parties or remain neutral, and opposing disclosure on unsustainable confidentiality or irrelevance grounds is unreasonable and may attract a costs order.

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 orders for specific disclosure are exceptional and that parties may reasonably test such applications; costs consequences follow only where opposition persists despite an indefensible position. It also noted HMRC could use its s18(2)(c) discretion proactively to notify third parties rather than contest disclosure as a default.