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ARTICLE · 11 MARCH 2022

Third Party Access To Pleadings In The FTT

In Cider of Sweden Ltd v HMRC (Ernst & Young LLP (Third Party)) [2022] UKFTT 76 (TC), the First-tier Tribunal ("FTT") has issued a significant, but narrow decision regarding third-party access...

United KingdomLitigation, Mediation & Arbitration

In Cider of Sweden Ltd v HMRC (Ernst & Young LLP (Third Party)) [2022] UKFTT 76 (TC), the First-tier Tribunal (“FTT”) has issued a significant, but narrow decision regarding third-party access to pleadings filed in proceedings before the FTT.  (In this note, “pleadings” refers to notices of appeal; grounds of appeal; statements of case; and any further and better particulars in respect of any such documents.)

Consistently with the approach of the Courts and Tribunals when considering similar questions in the past, the FTT approached this as an application of the principle of open justice. Previously, the Tax Tribunals have held that open justice will usually permit third parties to access:

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