Jurisdiction(s):
United Kingdom

England and Wales Court of Appeal: Ofgem settlement payments to consumers and charities deductible; fines and penalties non-deductible; no extension of von Glehn to penalty substitutes (ScottishPower v HMRC)

Published on: 05 February 2025

Published by a LexisNexis Tax expert

Legal News

Article summary

ScottishPower (SCPL) Ltd and Ors v HMRC [2025] EWCA Civ 3. What are the practical implications of this case?

This decision marks a notable win for ScottishPower, having lost at both tiers of the Tax Tribunal. The Court of Appeal confirms the von Glehn rule that fines and penalties are not deductible as a matter of public policy; however, it also underscores that the courts cannot stretch that doctrine to capture payments loosely viewed as substitutes for penalties unless Parliament has expressly authorised such treatment...

What was the background

ScottishPower operated as an Ofgem-regulated generator and supplier of electricity and gas. Between 2013 and 2016 it concluded several settlements with Ofgem under which it agreed to pay nominal penalties of £1 to Ofgem and to make £28m of payments to consumers, consumer groups and charities. In every instance, Ofgem commenced an investigation, proposed penalties and, following negotiations, reached a settlement. ScottishPower sought corporation tax deductions for the £28m consumer and charitable payments, but not for the nominal £1 sums paid to Ofgem...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...