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14 September 2012 / Aidan Briggs
Issue: 7529 / Categories: Features , Property , Commercial
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No trifling matter

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. Makro claimed the property was occupied from 23 November 2009

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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