Analysis of the judgment in Good v CRC

The recent decision of the Court of Appeal in Good v CRC [2023] EWCA Civ 114 concerned the Scion Structured Products Limited Scheme a tax avoidance scheme that involved the acquisition and exploitation of rights in two films ‘Repossession Mambo’ which was later renamed ‘Repo Men’ and ‘Tenure’.

Scion scheme

The Scion scheme was disclosed to HMRC by way of a completed AAG1 – disclosure of avoidance scheme on 27 April 2007 which summarised the arrangements as being:

‘A trade set up through which an individual will enter into a series of transactions to purchase enhance exploit and sell film distribution rights worldwide. The individual undertaking the trade will incur expenditure on purchasing discrete film distribution rights with the intention of selling or exploiting those rights in return for the right to participate in the proceeds...