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28 October 2010 / Malcolm Dowden
Issue: 7439 / Categories: Features , Property
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A pyrrhic victory?

CRC—the new “carbon tax”? asks Malcolm Dowden

The chancellor announced last week that money raised from the sale of allowances under the CRC Energy Efficiency Scheme will be diverted to the Treasury and “used to support the public finances, rather than recycled to participants”. The announcement marks a radical departure from the scheme which, during extensive consultation, was presented as “revenue neutral” rather than “revenue raising”.

The CBI immediately denounced the change of plan as a “stealth tax”. In fact, there is no stealth. Once implemented, CRC will have all the hallmarks of a tax, reopening the acrimonious debate between landlords and tenants over who should pay.

The announcement is bad news for tenants who have accepted specific obligations to meet the costs of allowances and administration. In many cases, tenant resistance to such clauses has been overcome by amendments promising reimbursement of the whole or a fair proportion of “revenue recycling” payments “received by” or “due to” the landlord. In practice, those amendments were always vulnerable. CRC operates at corporate group level. The

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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