[2006] EWHC 3046 (Ch); [2007] EWCA Civ 1207.

Chancery Division; Court of Appeal (Civil Division).

Briggs J; Buxton, Moses and Lawrence Collins L JJ.

Judgment delivered 19 October 2006; 22 November 2007.

Income tax – Compensation – Capital or income – Compulsory purchase order made in respect of part of taxpayer’s landfill site – Withdrawal of compulsory purchase order confirmed after three years – Market for general waste had reduced during period – Taxpayer received compensation for loss of use of land during relevant period – Whether award of compensation treated as income or capital for tax purposes.

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