George Lupson v Commissioners for Her Majesty's Revenue and Customs

Decision date: 2 February 2011

Neutral citation: [2011] UKFTT 100 (TC)

Overall AI summary confidence: medium

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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: medium

This is an application for permission to appeal out of time against HMRC closure and assessment notices dated 18 March 2008. The Tribunal found significant doubt that the Appellant actually received those notices, considered the Appellant's medical history and other circumstances, and exercised its discretion to grant leave to appeal out of time in the interests of justice. The decision records full reasons and notes parties' right to seek permission to 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: medium

The Tribunal treated as material whether the appellant actually received HMRC correspondence and held that, having regard to all the circumstances (including medical disability and some responsibility for delay), it may grant permission to appeal out of time if doing so is in the interests of justice.

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 applied guidance from the Tribunal Rules and CPR principles (including factors under CPR 3.9(1)) and referred to past decisions of predecessor bodies as informative on exercising discretion to extend time; these references were used to structure the exercise of its discretion rather than stated as strictly binding law.