CBD Flower Shop Limited v The Commissioners for HMRC

Decision date: 3 February 2023

Neutral citation: [2023] UKFTT 107 (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 concerns CBD Flower Shop Ltd’s challenge to HMRC VAT assessments and HMRC’s late application to amend its statement of case to add an illegality defence that some CBD supplies involved controlled parts of the cannabis plant. The Tribunal found the illegality point had more than a fanciful prospect of success but refused HMRC’s amendment because it was late, HMRC had not obtained timely specialist advice, and the proposed amendment would unfairly prejudice the appellant. The Tribunal declined to award costs against HMRC and gave directions to progress 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: high

The Tribunal applied a test akin to summary-judgment realism: a late amendment should be permitted only if it has a realistic prospect of success and there is a satisfactory explanation for the delay; otherwise, prejudice from lateness can justify refusal. An applicant’s failure to obtain specialist advice before key procedural stages weakens its excuse for delay and increases prejudice to the other party.

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 that the illegality issue is a discrete matter that, in principle, could be determined on the existing evidence, and reiterated that it has power under its rules to permit late amendments but must balance injustice to both sides in line with the overriding objective.

Warning

The chunk contains duplicated and somewhat disorderly text (repetition of paragraphs), which made extraction of discrete passages more difficult. The provided notes contain some duplicated and disorderly text; they may be incomplete or noisy.