Askham v Inland Revenue [2002] EWCA Civ 1322 (17 September 2002)

Askham v Inland Revenue [2002] EWCA Civ 1322 (17 September 2002)

There is no arguable basis for the appeal as the court lacks jurisdiction to reopen the tax assessment in bankruptcy proceedings, and no general point of public importance arises to justify a second appeal.

Citation
[2002] EWCA Civ 1322
Parties
Claimant/applicant: Roy Askham; Defendant/respondent: Commissioners of Inland Revenue
Jurisdiction
England and Wales
Judgment Date
17 September 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal to Court of Appeal (civil Division)
Outcome
Permission to appeal refused
Legal Topics
Bankruptcy Order, Income Tax Assessment, Capital Gains Tax Assessment, Appeal Procedure, Jurisdiction, Time Limits for Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Roy Askham

Claimant/applicant

Commissioners of Inland Revenue

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal to Court of Appeal (civil Division)

  1. 1 Whether the applicant has an arguable case for appeal against the bankruptcy order
  2. 2 Whether the court has jurisdiction to reopen the tax assessment in bankruptcy proceedings
  3. 3 Whether failure to notify the applicant under regulation 16(5) affects the validity of the proceedings

Ratio Decidendi

There is no arguable basis for the appeal as the court lacks jurisdiction to reopen the tax assessment in bankruptcy proceedings, and no general point of public importance arises to justify a second appeal.

Court Disposition

Permission to appeal refused

Orders

  • Application refused