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Kiseliov & Ors v Alpha Vehicles Ltd [2024] EAT 8 (17 January 2024)
The EAT allowed an appeal against refusal to set aside dismissal under Rule 38(2), holding the sanction was disproportionate and the interests of justice required reinstatement.
The Privy Council held that the Bahamian Court of Appeal used an overly rigid extension-of-time approach, but the proposed criminal appeal lacked merit.
Morgan Motor Company Ltd v Morgan (Practice and Procedure: Striking-out/dismissal) [2015] UKEAT 0128_15_0206 (02 June 2015)
The EAT allowed the employer’s appeal, holding that the tribunal’s relief-from-sanction decision after an unless-order breach was unsafe and should be reheard.
Outasight VB Ltd v Brown (Practice and Procedure: Review) [2014] UKEAT 0253_14_2111 (21 November 2014)
The EAT allowed an appeal against reconsideration, holding that fresh evidence of a witness’s old conviction could have been obtained earlier and did not justify revoking the original judgment.
Cristel Ltd v Revenue & Customs [2012] UKFTT 400 (TC) (21 June 2012)
The tribunal refused Cristel Ltd permission to file a late corporation tax appeal, finding the delay substantial, the company aware of the assessment, and no interests of justice basis to reopen it.
Hiero v Changework Now Ltd (Practice and Procedure : Review) [2011] UKEAT 0424_10_1905 (19 May 2011)
The EAT held that the tribunal wrongly treated a review application only as new evidence and should also have considered the interests of justice.
Lupson v Revenue & Customs [2011] UKFTT 100 (TC) (02 February 2011)
The Tribunal granted leave to appeal out of time against HMRC assessments, finding doubt over service of the notices and that justice favoured permission.
Lupson v Revenue & Customs [2011] UKFTT 100 (TC) (02 February 2011)
The First-tier Tribunal granted leave to appeal out of time against HMRC assessments, finding doubt over service and concluding justice favoured allowing the late appeal.
Council of The City of Newcastle Upon Tyne v. Marsden (Rev 1) [2010] UKEAT 0393_09_2301 (23 January 2010)
The EAT upheld revocation of a strike-out where counsel wrongly told the claimant not to attend, depriving him of an adjournment and a fair chance to prove disability.
Wright v Revenue & Customs [2009] UKFTT 227 (TC) (20 August 2009)
The tribunal set aside an earlier tax decision made in the appellant’s absence, finding procedural irregularities, issues with transfer and venue, and that justice required a rehearing.
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