Ebuyer (UK) Limited v The Commissioners for HMRC

Decision date: 4 July 2023

Neutral citation: [2023] UKFTT 611 (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 case concerns HMRC's failure to comply with an Unless Order requiring disclosure to Ebuyer; HMRC conceded omission of seven documents and was found to have failed to produce further categories of documents relevant to contested issues of due diligence and knowledge. Applying the Denton test, the tribunal held the breaches were serious and significant, that HMRC did not show good reason for the defaults, and refused relief from the automatic sanction (bar from further participation). Ebuyer may apply for permission to appeal within 56 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: medium

Where agreed directions and an Unless Order require production of a specified list of documents, a responding party cannot unilaterally narrow the scope of relevance (for example to only time-bar issues) when the Disclosure Request and litigation history show broader relevance; an Unless Order framed against a party in repeated breach is indicative of seriousness and the tribunal must assess both the underlying default and the failure to comply with the order when deciding relief from sanctions.

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 allowance should be made for human error but that large public bodies are expected to have contingency arrangements so that one individual's illness does not excuse repeated non-compliance; and that limited self-certification of relevance may be permissible in narrow contexts but does not permit ignoring documents clearly identified in agreed directions as relevant to disputed issues.