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24 November 2011 / Peter Vaines
Issue: 7491 / Categories: Features , Tax , Commercial
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In the line of duty

Peter Vaines breaks down the Gaines-Cooper case & provides an update on other taxing matters

The Supreme Court handed down their judgment in the case of Mr Gaines-Cooper on 19 October. It may be remembered that Gaines-Cooper was seeking a judicial review of HMRC’s refusal to regard him as non resident in accordance with their established practice in IR20. HMRC acknowledged that if Gaines-Cooper satisfied the terms of IR20 they would be bound to honour it and treat him as not resident. The Supreme Court decided that he did not do so.

Gaines-Cooper

The leading judgment was that of Lord Wilson which contains some interesting features. He confirmed that to become non resident it is not necessary to sever your family and social ties. He makes it absolutely clear that the test set out by the Court of Appeal is wrong—that severance of such ties is too strong a word. A distinct break is required and this only encompasses a substantial loosening of social and family ties. He points out that as a taxpayer is permitted to make limited visits

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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