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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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

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An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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