Reno v Revenue & Customs (PROCEDURE : Other) [2019] UKFTT 184 (TC) (11 March 2019)
The Tribunal has jurisdiction under Rules 8(5) and/or 5(2) to consider reinstatement of struck out reinstatement proceedings, but the appellant's persistent non-compliance with Tribunal directions, lack of cogent reasons for default, and absence of material change since strike out justify dismissal of the application.
- Citation
- [2019] UKFTT 184 (TC)
- Parties
- Appellant: Joseph Thomas Reno; Respondents: The Commissioners for Her Majesty’s Revenue and Customs
- Jurisdiction
- United Kingdom
- Judgment Date
- 11 March 2019
- Procedural Posture
- VAT Appeal / Application to Reinstate Struck Out Reinstatement Proceedings
- Outcome
- Application dismissed
- Legal Topics
- VAT Assessment, Tribunal Procedure, Relief From Sanctions, Reinstatement of Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
Joseph Thomas Reno
Appellant
The Commissioners for Her Majesty’s Revenue and Customs
Respondents
Procedural Posture
VAT Appeal / Application to Reinstate Struck Out Reinstatement Proceedings
Legal Issues
- 1 Whether the Tribunal has jurisdiction to reinstate struck out reinstatement proceedings under Rules 8(5) or 5(2)
- 2 Whether the appellant's application to reinstate should be allowed
Ratio Decidendi
The Tribunal has jurisdiction under Rules 8(5) and/or 5(2) to consider reinstatement of struck out reinstatement proceedings, but the appellant's persistent non-compliance with Tribunal directions, lack of cogent reasons for default, and absence of material change since strike out justify dismissal of the application.
Court Disposition
Application dismissed
Orders
- First reinstatement application remains struck out
- Appellant may apply for permission to appeal to the Upper Tribunal within 56 days
Full Case Text
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