LG Park: Revenue win in the Court of Appeal

The decision of the Court of Appeal in HMRC v LG Park HT1 Ltd & ors [2023] EWCA Civ 1193 concerns the question of referring issues of market value to the Upper Tribunal (Lands Chamber), and represents the first higher authority on the correct approach to deciding when to make a reference.  Although the case was specifically concerned with SDLT legislation, similar provisions concerning the referral of market value issues to the Lands Chamber exist in relation to other taxes.

In addition, the judgment includes important comments on the scope of appeals against amendments in closure notices following the decision of the Court of Appeal in Investec Asset Finance plc v HMRC [2020] EWCA civ 579

Hui Ling McCarthy KC, Michael Ripley, and Edward Hellier appeared on behalf of HMRC.