Brown v Revenue & Customs [2014] UKFTT 984 (TC) (24 October 2014)

Brown v Revenue & Customs [2014] UKFTT 984 (TC) (24 October 2014)

HMRC did not act unreasonably in defending or conducting the proceedings. The fact that HMRC's case was ultimately unsuccessful does not entitle the Appellant to costs. There was no evidence of unreasonable conduct by HMRC under Rule 10(1)(b).

Citation
[2014] UKFTT 984
Parties
Appellant: Gordon Brown; Respondents: The Commissioners for Her Majesty’s Revenue & Customs
Jurisdiction
United Kingdom
Judgment Date
24 October 2014
Procedural Posture
Costs Application Following Substantive Tax Penalty Appeal / Post Substantive Appeal, Costs Application Decision
Outcome
Application for costs refused
Legal Topics
Costs in Tribunal, Reasonable Excuse for Late Payment, Time to Pay Arrangements, Tribunal Procedure Rules

Case Brief

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Parties

Gordon Brown

Appellant

The Commissioners for Her Majesty’s Revenue & Customs

Respondents

Procedural Posture

Costs Application Following Substantive Tax Penalty Appeal / Post Substantive Appeal, Costs Application Decision

  1. 1 Whether HMRC acted unreasonably in defending or conducting proceedings under Rule 10(1)(b) of the Tribunal Procedure Rules 2009
  2. 2 Whether Appellant is entitled to costs order against HMRC

Ratio Decidendi

HMRC did not act unreasonably in defending or conducting the proceedings. The fact that HMRC's case was ultimately unsuccessful does not entitle the Appellant to costs. There was no evidence of unreasonable conduct by HMRC under Rule 10(1)(b).

Court Disposition

Application for costs refused

Orders

  • No order as to costs