The Court of Appeal has handed down judgment in Urenco Chemplants Ltd v HMRC [2022] EWCA Civ 1587.
The case concerns the availability of capital allowances for expenditure on a major construction project in the nuclear industry. £192m of expenditure is in dispute. The issues included (a) whether the disputed expenditure was “on the provision of plant or machinery” (section 11(4) Capital Allowances Act 2001); (b) if so, whether it is excluded as expenditure “on the provision of a building” (section 21(1)); and (c) if so, whether it is saved by one or more of the Items in List C of section 23.
A copy of the full Judgment can be found here.
Jonathan Bremner KC acted for HMRC.