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27 April 2007 / Tim Crosley , Michael Walsh
Issue: 7270 / Categories: Features , Tax , Commercial
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This is not just group relief...

How is the ECJ tackling discrimination in domestic tax systems? Tim Crosley and Michael Walsh report

On 22 February 2007 the Court of Appeal gave its ruling in the latest instalment of Marks & Spencer plc v Halsey (HM Inspector of Taxes) [2007] EWCA Civ 177, [2007] All ER (D) 232 (Feb), which has seen Marks & Spencer (M&S) litigating since 2002 for its right to claim group relief for the losses of foreign subsidiaries based in Europe.

In the UK, there is no consolidated system of taxation, meaning that each member of a group of UK companies is (as a starting point) taxed separately on its own profits. Recognising that this could be unfair where some parts of the group are doing well and some are not, the UK allows losses in one group company to be “surrendered” to another profitable group company, thus allowing the profitable company to use those losses to reduce the tax payable by it.

The rules are complex, but a basic point

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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