Case Nos: CA-2024-000713 - [2025] EWCA Civ 1271

Fecha: 08-Oct-2025

Heading

Neutral Citation Number: [2025] EWCA Civ 1271

Case Nos: CA-2024-000713

CA-2024-000717

IN THE COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE HIGH COURT OF JUSTICE

CHANCERY DIVISION

BUSINESS AND PROPERTY COURTS (REVENUE LIST)

MR JUSTICE RICHARDS

[2024] EWHC 195 (Ch)

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 08/10/2025

Before:

LADY JUSTICE ANDREWS

LORD JUSTICE NUGEE
and

LORD JUSTICE SNOWDEN

Between:

CA-2024-000713

BAT INDUSTRIES PLC AND OTHERS

Claimants/

Respondents

- and -

(1) THE COMMISSIONERS OF INLAND REVENUE

(2) THE COMMISSIONERS FOR HIS MAJESTY’S REVENUE AND CUSTOMS

Defendants/

Appellants

and Between:

FCE BANK PLC

CA-2024-000717

Claimants/

Appellants

- and -

(1) THE COMMISSIONERS OF INLAND REVENUE

(2) THE COMMISSIONERS FOR HIS MAJESTY’S REVENUE AND CUSTOMS

Defendants/

Respondents

David Ewart KC, Elizabeth Wilson KC, Barbara Belgrano, Jennifer MacLeod, Frederick Wilmot-Smith and Ben Blades (instructed by the General Counsel and Solicitor for HM Revenue & Customs) for the Appellants in CA-2024-000713 and Respondents in CA-2024-000717 (“the Revenue”)

Graham Aaronson KC and Jonathan Bremner KC (instructed by Joseph Hage Aaronson & Bremen LLP) for the Respondents in CA-2024-000713 and Appellants in CA-2024-000717 (“the FII Test Claimants”)

Hearing dates: 13, 14 and 15 May 2025

Approved Judgment

This judgment was handed down remotely at 10.30am on 8^th October 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.

.............................

Lady Justice Andrews: