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25 June 2021 / Nicholas Dobson
Issue: 7938 / Categories: Features , Local government
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Empty properties, unpaid rates & special purpose vehicles

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Nicholas Dobson reports on a cunning wheeze to avoid Council Tax ultimately defeated in the Supreme Court by Rossendale & Wigan Councils
  • Special purpose vehicle companies set up for the sole purpose of avoiding liability for empty property business rates were not in law the owners of the properties. The original owners therefore retained business rate liability.

Scene 1. Exterior. Outside pub. Night. Two men, A and B, in close conversation.

A: ’Ere.You know them empty properties of yours?

B: Aye. What of ‘em?

A: I think there might be a legal way to get around paying business rates.

B: How’s that?

A: You set up a company, right, and lease the empty property to it. So it’ll be the company that has to pay business rates. Only it never does! Then eventually you just collapse the company and . . . goodbye business rates! Simples!

B: But will it work?...

Unfortunately, that’s where we must leave this interesting

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Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

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Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

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Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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