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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

51870
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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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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