Nicola McQueen & Anor v The Commissioners for HMRC

Decision date: 11 May 2022

Neutral citation: [2022] UKFTT 212 (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

The case concerned two appellants stopped at an airport arriving from Gran Canaria carrying tobacco and hand-rolling tobacco over personal allowances; HMRC imposed civil evasion penalties of £564 each. The Tribunal preferred the officer’s contemporaneous account, found the appellants initially denied carrying goods for another (a dishonest state of mind), and upheld the penalties and reductions applied. Appeals were dismissed.

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 Tribunal treated a contemporaneous officer’s notebook entry as reliable evidence for credibility about an airport stop and applied a two-stage dishonesty test: (i) assess the individual’s actual belief about the facts and (ii) apply ordinary standards of honest people; dishonesty must be proved on the balance of probabilities. These propositions were decisive in upholding the penalties.

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 judgment suggested that prior travel to the territory and familiarity with its status can make knowledge of allowances more likely, and that failing to disclose to an officer that goods are for another person (with disclosure only later) detracts from credibility.

Warning

- The chunk contains repeated passages of the same material. Notes are repetitive and extracted from a single chunk; they may not capture the full judgment in detail.