Reno v Revenue & Customs (PROCEDURE : Other) [2019] UKFTT 184 (TC) (11 March 2019)

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

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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

  1. 1 Whether the Tribunal has jurisdiction to reinstate struck out reinstatement proceedings under Rules 8(5) or 5(2)
  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