David C Pledger v Commissioners for Her Majesty's Revenue and Customs

Decision date: 22 July 2010

Neutral citation: [2010] UKFTT 342 (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 multiple HMRC decisions (NIC, PAYE, compulsory VAT registration, VAT assessments, various penalties, and an income tax determination) where the appellant's notice was largely out of time and deficient. The Tribunal struck out parts that were unappealable or beyond its jurisdiction (VAT assessments and the income tax determination/surcharges) and refused permission to admit some late appeals (NIC, PAYE and late self-assessment penalties) for delay and non‑cooperation. HMRC conceded permission for the late appeal against the VAT registration decision, and appeals on certain penalties were admitted subject to the appellant producing specified documents within 28 days; the remaining admitted matters were directed to proceed.

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 statutory or procedural provisions render a matter unappealable, the Tribunal must strike out that part of an appeal for lack of jurisdiction; where the Tribunal has discretion to permit late appeals under its Procedure Rules that discretion is to be exercised in accordance with the Rules' overriding objective and may be refused for unreasonable delay or deliberate non‑cooperation.

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 but did not decide whether the Procedure Rules could permit extensions where statute precludes them and indicated it would not apply the Civil Procedure Rules' specific extension factors (CPR 3.9(1)) in preference to its own Procedure Rules' overriding objective; these comments were ancillary and not essential to the disposals.