John Scofield v Revenue & Customs [2012] UKFTT 673 (TC) (10 January 2012)

John Scofield v Revenue & Customs [2012] UKFTT 673 (TC) (10 January 2012)

Although HMRC's conduct at the January 2011 hearing was unreasonable in several respects, including carelessness regarding Hansard and late arguments, no prejudice or additional costs resulted to the appellant; thus, a costs award would be punitive rather than compensatory and is not justified.

Citation
[2012] UKFTT 673 (TC)
Parties
Appellant: John Scofield; Respondents: The Commissioners for Her Majesty’s Revenue & Customs
Jurisdiction
United Kingdom
Judgment Date
10 January 2012
Procedural Posture
Costs Application in Tax Appeal / Post Appeal, Application for Costs Under Rule 10
Outcome
Application for costs refused
Legal Topics
Costs, Unreasonable Conduct, Statutory Interpretation, Tribunal Procedure
Tax Law Civil Procedure Costs Unreasonable Conduct Statutory Interpretation Tribunal Procedure

Case Brief

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Parties

John Scofield

Appellant

The Commissioners for Her Majesty’s Revenue & Customs

Respondents

Procedural Posture

Costs Application in Tax Appeal / Post Appeal, Application for Costs Under Rule 10

Legal Issues

  1. 1 Whether HMRC acted unreasonably in defending or conducting proceedings under Rule 10(1)(b) of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009
  2. 2 Whether costs should be awarded to the appellant

Ratio Decidendi

Although HMRC's conduct at the January 2011 hearing was unreasonable in several respects, including carelessness regarding Hansard and late arguments, no prejudice or additional costs resulted to the appellant; thus, a costs award would be punitive rather than compensatory and is not justified.

Court Disposition

Application for costs refused