Preston Golf Club v Revenue & Customs [2014] UKFTT 1068 (TC) (01 December 2014)

Preston Golf Club v Revenue & Customs [2014] UKFTT 1068 (TC) (01 December 2014)

The delay of over four years was excessive, no good reason for the delay was provided, professional advice was available, and the Appellant consciously chose not to pursue the original appeal. The application was therefore refused and the appeal struck out as time-barred.

Citation
[2014] UKFTT 1068
Parties
Appellant: Preston Golf Club; Respondents: The Commissioners for Her Majesty’s Revenue & Customs
Jurisdiction
United Kingdom
Judgment Date
01 December 2014
Procedural Posture
VAT Appeal / Application for Leave to Appeal Out of Time and Strike Out Application
Outcome
Leave to appeal out of time refused; appeal struck out.
Legal Topics
Extension of Time, Strike Out, VAT Overpayment Claims, Tribunal Procedure

Case Brief

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Parties

Preston Golf Club

Appellant

The Commissioners for Her Majesty’s Revenue & Customs

Respondents

Procedural Posture

VAT Appeal / Application for Leave to Appeal Out of Time and Strike Out Application

  1. 1 Whether leave should be granted to appeal out of time
  2. 2 Whether the appeal should be struck out as time-barred

Ratio Decidendi

The delay of over four years was excessive, no good reason for the delay was provided, professional advice was available, and the Appellant consciously chose not to pursue the original appeal. The application was therefore refused and the appeal struck out as time-barred.

Court Disposition

Leave to appeal out of time refused; appeal struck out.

Orders

  • Leave to appeal out of time is refused.
  • Strike-out application by HMRC is granted.