In Bastionspark and others v HMRC [2016] UKUT 425 (5 October 2016) the UT found that the FTT had been entitled to find that HMRC had been the substantial victors and to make a partial award of costs accordingly.
This was a cost appeal in the eponymous ‘Icebreaker’ litigation relating to the exploitation of intellectual property rights. The LLPs had ‘mixed fortune’ in their appeals. They succeeded in establishing that part of the fee paid to a company for exploitation services and the whole of an administrative services fee was deductible. But they failed to establish that the main amount paid was deductible as it had been paid for the acquisition of a guaranteed income stream.
The first issue was who was the successful party? The UT considered that it would be ‘an inadequate account of what happened to say that one or other party was...
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