Tradium Ltd v Revenue & Customs [2014] UKFTT 894 (TC) (12 September 2014)
The appellant failed to provide an adequate explanation for non-compliance with the Tribunal's direction to serve witness statements, showed no credible prospect of future compliance, and the merits of the appeal were weak. In the interests of justice and efficient case management, the application for extension was refused and the appeal was struck out under Rule 8(3)(a).
- Citation
- [2014] UKFTT 894 (TC)
- Parties
- Appellant: Tradium Ltd; Respondents: The Commissioners for Her Majesty’s Revenue & Customs
- Jurisdiction
- United Kingdom
- Judgment Date
- 12 September 2014
- Procedural Posture
- Tax Appeal (first Tier Tribunal, Tax Chamber) / Interlocutory Application and Strike Out Decision
- Outcome
- Appeal struck out
- Legal Topics
- Extension of Time, Strike Out for Non Compliance, Excise Warehousing Regulations, VAT Registration Cancellation, Tribunal Case Management
Case Brief
Summary, issues, holding and outcome
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Parties
Tradium Ltd
Appellant
The Commissioners for Her Majesty’s Revenue & Customs
Respondents
Procedural Posture
Tax Appeal (first Tier Tribunal, Tax Chamber) / Interlocutory Application and Strike Out Decision
Legal Issues
- 1 Whether time for service of witness statement should be extended
- 2 Whether appeal should be struck out under Rule 8(3)(a) of Tribunal Rules for non-compliance
Ratio Decidendi
The appellant failed to provide an adequate explanation for non-compliance with the Tribunal's direction to serve witness statements, showed no credible prospect of future compliance, and the merits of the appeal were weak. In the interests of justice and efficient case management, the application for extension was refused and the appeal was struck out under Rule 8(3)(a).
Court Disposition
Appeal struck out
Orders
- Appellant's application for extension of time to serve witness statements refused
- Appellant's appeal struck out under Rule 8(3)(a) of the Tribunal Rules
Full Case Text
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