Dentons successfully acts for Sainsbury's, Sainsbury's Bank and The Co-operative Group in the UK Supreme Court

London—Dentons has successfully acted for Sainsbury's, Sainsbury's Bank and The Co-operative Group in the UK Supreme Court in the seminal ATM business rates litigation. 

The UK Supreme Court unanimously held in favour of the retailers by concluding that the Court of Appeal was right to find that ATMs do not amount to separate rateable units, regardless of whether those ATMs are located inside or outside of the host store.  

Bryan Johnston, UK Head of Real Estate Litigation and partner who led on the matter, said, "We are delighted to have successfully acted for our clients in the UK Supreme Court. This is not just a great victory for retailers who faced a substantial rates burden, but it is also a significant victory for the public and their ability to access their own money through the ATM network. If the court had allowed the appeal, many retailers would have had little choice but to reconsider the viability of offering free ATM services for the benefit of their customers. This could have had a negative impact on communities where an ATM in a shop is the primary method of accessing funds.

"As addressed by the court from the outset, the impact of this judgment will be immediately felt across England and Wales. There are around 34,000 appeals, many of which have been in a state of paralysis for years, which are likely to be determined by this decision."

In addition to Bryan Johnston, associates Ross Wilson and Tom Kiernan assisted on the UK Supreme Court case.

Dentons has been acting on this matter since 2014. This precedent-setting case was the leading rating case progressing through the Valuation Tribunal in 2016 and the Upper Tribunal in 2017. In 2018, the Court of Appeal delivered a decisive judgment in favour of the retailers seeking to avoid ATM sites being treated as separately rateable units for business rates purposes, a decision the UK Supreme Court has now upheld.

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