Court of Appeal’s decision in Development Securities plc

The Court of Appeal in Development Securities plc and others v CRC overturned the Upper Tribunal’s decision so that the findings of the First-tier Tribunal that specified Jersey incorporated subsidiaries of the Development Securities group were UK tax resident has been reinstated. The judges unanimously found that the Upper Tribunal was not justified in setting aside the decision of the First-tier Tribunal with Newly LJ giving the leading judgment. However Nugee LJ while agreeing that the Upper Tribunal had erred expressed very considerable reservations about the First-tier Tribunal’s reasoning to the extent he made clear he did not endorse its findings. He was though at pains to point out that the lack of a respondent’s notice prevented him from seeking to uphold the Upper Tribunal’s decision on an alternative basis.

Key facts

The Development Securities group incorporated three Jersey subsidiaries to acquire group...