Timothy James Bramston (Liquadator of DCC Realisations Limited) & Anthony Murphy and Robert Horton (Former Administrators of DCC Realisations Limited) v Commissioners for Her Majesty's Revenue and Customs

Decision date: 6 May 2010

Neutral citation: Neutral citation not available

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 whether an excise duty point arose when DCC Realisations Ltd permanently ceased trading on 23 July 2007 while cider/made‑wine remained on its premises, and whether a prior‑approved removal of made‑wine to DCCR treated those premises as the place of production for duty liability. The Tribunal held that regulation 13(a) created an excise duty point on discontinuance of the registered maker’s business and that the Gaymer removal was approved under reg 12(c)(i) WMWRs so DCCR (the registered maker) was liable. The appeal was dismissed and DCCR was held liable for the assessed duty.

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

Where a registered maker permanently ceases trading at premises that contain dutiable cider or made‑wine, regulation 13(a) of the Cider and Perry/Wine and Made‑Wine Regulations gives rise to an excise duty point at the time of discontinuance. A prior‑approval removal under reg 12(c)(i) treats the receiving premises as the place of production for duty purposes, thereby determining which producer is liable.

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 noted that the concept of "cider premises" has both physical and personal aspects (premises entered by a registered maker and the maker’s activity) and that regulations 11–13 should be read together, with reg 13 addressing situations not covered by regs 11 or 12 (such as disappearance, destruction, or cessation).