header-logo header-logo

No trifling matter

14 September 2012 / Aidan Briggs
Issue: 7529 / Categories: Features , Property , Commercial
printer mail-detail

The Makro case throws a business rates loophole wide open, says Aidan Briggs

Practitioners seeking imaginative ways to minimise their clients’ business rates liability in a tough market should look no further than the decision of the Administrative Court in R (Makro Properties Ltd) v Nuneaton & Bedworth Borough Council [2012] EWHC 2250 (Admin). Wholesale giant Makro used just 0.2% of their premises for six weeks to reap a saving of £117,000. HHJ Jarman QC’s decision is one which flies in the face of the intentions of the 2008 rating law reforms. It makes some surprising factual findings and dramatically alters the test to be applied—the requirement for actual occupation is now a nominal, rather than a substantial, test—but on any analysis it is sound both in logical and jurisprudential terms.

Facts

The case concerned a retail warehouse in Coventry. Two companies, both part of the Makro group, owned the freehold and leasehold respectively, although the leasehold was surrendered in December 2009 and thereafter occupation by the latter company was under licence.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll