ICTA88/S113 (1) and ICTA88/S337 (1) can only apply where there is a change in the persons engaged in carrying on ‘a trade’, that is, the whole of a trade. It is not possible to succeed to part of a trade (Stockham v Wallasey UDC 95LT834). So in considering whether ICTA88/S113 (1) or ICTA88/S337 (1) applies, the first step must be to establish that the transferred activities represented the whole of a trade which was being carried on by the predecessor (either the predecessor’s sole trade or a separate trade from any other being carried on by the predecessor ( BIM70530)).
