Dreams plc v Revenue & Customs [2012] UKFTT 614 (TC) (09 October 2012)
Although the amount in issue (£5 million) satisfies the 'large financial sum' gateway under rule 23(4)(c), the case is otherwise routine for the Chamber and does not involve lengthy or complex evidence, a lengthy hearing, or a complex or important principle or issue. The appeal is more suitable for allocation to the Standard category. The value alone does not justify allocation to the Complex category.
- Citation
- [2012] UKFTT 614
- Parties
- Appellant: Dreams plc; Respondents: The Commissioners for Her Majesty’s Revenue & Customs
- Jurisdiction
- United Kingdom
- Judgment Date
- 09 October 2012
- Procedural Posture
- Appeal / Application for Allocation to Complex Category Under Tribunal Procedure (first Tier Tribunal) (tax Chamber) Rules 2009, Rule 23
- Outcome
- Application for allocation to Complex category refused; case allocated to Standard category.
- Legal Topics
- VAT Classification, Tribunal Case Management, Costs Regime in Tax Appeals, Complex Case Allocation
Case Brief
Summary, issues, holding and outcome
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Parties
Dreams plc
Appellant
The Commissioners for Her Majesty’s Revenue & Customs
Respondents
Procedural Posture
Appeal / Application for Allocation to Complex Category Under Tribunal Procedure (first Tier Tribunal) (tax Chamber) Rules 2009, Rule 23
Legal Issues
- 1 Whether the appeal should be allocated to the Complex category under rule 23 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009
- 2 Whether the case meets the criteria for Complex allocation: lengthy or complex evidence/hearing, complex or important principle/issue, or large financial sum
Ratio Decidendi
Although the amount in issue (£5 million) satisfies the 'large financial sum' gateway under rule 23(4)(c), the case is otherwise routine for the Chamber and does not involve lengthy or complex evidence, a lengthy hearing, or a complex or important principle or issue. The appeal is more suitable for allocation to the Standard category. The value alone does not justify allocation to the Complex category.
Court Disposition
Application for allocation to Complex category refused; case allocated to Standard category.
Orders
- Appeal to be allocated to the Standard category.
Full Case Text
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