BUSINESS TAXES

Brexit

MG Perfect [2022] EWCA Civ 330 (Court of Appeal (CA)): references from UK courts and tribunals to the Court of Justice of the European Union (CJEU) made before the end of 2020 are binding on and in the UK even if handed down in 2021 or later.

Capital allowances

Cheshire Cavity Storage 1 Ltd and another [2022] EWCA Civ 305 (CA): there is a high hurdle to overcome to prove that premises qualify as plant because they perform a function (here cavities for storing gas were not plant).

Cobalt Data Centre 2 LLP & another [2022] EWCA Civ 1422 (CA): the claimant was not entitled to enterprise zone allowances for sums paid to acquire rights under contracts relating to the construction of data centres. The expenditure was incurred under a new self-standing agreement entered into outside the relevant statutory window. The case may be relevant...