Izzy Iriekpen v The Commissioners for HMRC

Decision date: 20 February 2025

Neutral citation: [2025] UKFTT 242 (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 appeal concerned a joint Customs and Excise civil evasion penalty after the Appellant attempted to import about 90,000 cigarettes into the UK. The Tribunal preferred HMRC and Border Force evidence, found the Appellant dishonest on the balance of probabilities (including deliberate failure to check obvious restrictions), upheld HMRC’s penalty calculations and the applied reductions, and dismissed the appeal.

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 decision indicates that, on the balance of probabilities, an appellant’s prior travel experience plus acknowledgment of import restrictions and a deliberate failure to check obvious signage or information can establish indirect (constructive) knowledge and support a finding of dishonesty in civil evasion proceedings; inconsistent or evasive accounts to officers and at tribunal further undermine credibility and support such a finding.

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 expressed sympathy for the Appellant’s medical condition but treated it as irrelevant to the financial consequences of the penalty, and reiterated that inability to pay is not a permissible consideration when determining liability or quantum of a civil evasion penalty.