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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
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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