Ruhal Islam v The Commissioners for HMRC

Decision date: 30 August 2022

Neutral citation: [2022] UKFTT 311 (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 the appellant's application for costs against HMRC under Rule 10(1)(b) after the tribunal allowed his appeal overturning discovery assessments and closure notices. The tribunal refused the costs application, finding HMRC had an arguable case and did not act unreasonably in defending the proceedings, particularly given the appellant's late production of evidence and failures to cooperate. The appellant succeeded on the substantive appeal but not on any basis that HMRC's conduct justified an award of costs.

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's ratio is that a respondent's decision to oppose an appeal is not unreasonable merely because the appellant ultimately succeeds; for costs to be awarded under Rule 10(1)(b) the respondent must have had no reasonable prospect of success or otherwise acted unreasonably. Late provision of evidence by the appellant and failures to cooperate can justify a respondent defending the appeal and weigh against an award of costs.

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: high

The tribunal reiterated established, non-binding observations that the Rule 10(1)(b) power is discretionary and that the general rule is that parties bear their own costs; reasonableness is judged objectively in context, and a party's conduct (including omissions or late disclosure) is relevant when assessing whether conduct was unreasonable, noting that a single act or omission can in some cases amount to unreasonable conduct.

Warning

The chunk contains duplicated and repetitious passages which made extraction of a concise narrative more difficult. Notes contain duplicated and repetitious passages; they appear sufficient for these conclusions but may omit finer factual detail.