Christopher Diball v The Commissioners for HMRC

Christopher Diball v The Commissioners for HMRC

The appellant's ignorance of the HICBC and non-receipt of the awareness letter do not amount to a reasonable excuse; the penalty was validly assessed and correctly calculated under the relevant legislation.

Parties
Appellant: Mr Christopher Diball; Respondents: The Commissioners for His Majesty’s Revenue and Customs
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Tax Appeal / Judgment After Remote Video Hearing
Outcome
Appeal dismissed
Legal Topics
Higher Income Child Benefit Charge, Failure to Notify Penalty, Reasonable Excuse, Finance Act 2008, Taxes Management Act 1970

Case Brief

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Parties

Mr Christopher Diball

Appellant

The Commissioners for His Majesty’s Revenue and Customs

Respondents

Procedural Posture

Tax Appeal / Judgment After Remote Video Hearing

  1. 1 Whether the penalty for failure to notify liability to HICBC was validly assessed
  2. 2 Whether the appellant had a reasonable excuse for the failure to notify

Ratio Decidendi

The appellant's ignorance of the HICBC and non-receipt of the awareness letter do not amount to a reasonable excuse; the penalty was validly assessed and correctly calculated under the relevant legislation.

Court Disposition

Appeal dismissed

Orders

  • Penalty upheld
  • Right to apply for permission to appeal within 56 days