Back to Insights listing

TaxMonday 8 July 2024

Court of Appeal gives judgment on meaning of “ceases to own” in context of capital allowances legislative regime

Commissioners for HM Revenue and Customs v Altrad Services Limited [2024] EWCA Civ 720

Jonathan Davey KC has received judgment from the Court of Appeal in an appeal concerning a claim for capital allowances in respect of expenditure on plant and machinery.

The Court of Appeal held that, applying the Ramsay principle (WT Ramsay Ltd v Inland Revenue Commissioners [1982] AC 300) and relying on the Supreme Court’s decision in Rossendale Borough Council v Hurstwood Properties (A) Ltd [2021] UKSC 16, on a purposive construction of section 61 of the Capital Allowances Act 2001 the statutory requirement, as a necessary condition of being eligible for the tax allowances, that the relevant person “ceases to own” the assets in question was not met in circumstances where, as part of a tax scheme, the taxpayer disposed of the assets only briefly before almost immediately reacquiring them, as had always been planned. The Court of Appeal considered that such a scenario did not constitute cessation of ownership “as a matter of ordinary language, and in a real and practical sense” as the legislation required (at [82]).

Accordingly, the Court of Appeal decided the appeal in the Appellants’ favour, overturning the Upper Tribunal’s decision ([2022] UKUT 185 (TCC)) to the contrary and agreeing with the decision of the First-tier Tribunal ([2020] UKFTT 62 (TC)). Jonathan Davey KC, David Milne KC and Barbara Belgrano (Pump Court Tax Chambers) act for the Appellants; Jonathan Peacock KC and Edward Hellier (11 New Square Chambers) act for the Respondents.

Read the full judgment here

People to view:

Share by: Email

Related Insights View all thought leadership

  1. Placeholder

    Recent Cases

    Court of Appeal decides tax and trusts case concerning meaning of “loss” in the context of gilt strip transactions

    Tax, Trusts, probate and estates: contentious, Trusts, probate and estates: non-contentious

    Jonathan Davey KC
    Tuesday 16 December 2025

    View more
  2. Placeholder

    News

    RPC’s latest ‘Taxing Matters’ podcast: Top tips for tax litigation with Jonathan Davey KC

    In RPC’s latest episode of their Taxing Matters podcast, Jonathan Davey KC joined Alexis Armitage (Senior Associate at RPC) to share his top tips for effective tax litigation. From keeping cases simple and crafting compelling narratives, to mastering the detail... Read more

    Wednesday 22 October 2025

    View more
  3. Placeholder

    Recent Cases

    Upper Tribunal decision on home loan inheritance tax double trust scheme

    Tax

    Jonathan Davey KC
    Tuesday 18 February 2025

    View more
  4. Placeholder

    Events / Webinars

    WATCH: Private Client Breakfast Briefing: Mistakes and Tax – the latest updates

    Wednesday 12 March | 8.30am - 9.45am
    Wilberforce Chambers, Lincoln's Inn, London, WC2A 3QP

    Free to attend | 1 CPD

    View more

View all thought leadership