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05 May 2011 / Jonathan Levy , Daniel Hemming
Issue: 7464 / Categories: Features , Commercial
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An objective approach

Constitutional not financial imperatives should dictate the attitudes of judges in tax disputes, say Jonathan Levy & Daniel Hemming

The Treasury and HMRC are engaged in a concerted attempt to close the “tax gap”. Politicians speak daily of the evils of tax avoidance and tax evasion (the terms tend to be used interchangeably) and the necessity for everyone to pay their “fair share” of tax, while HMRC has made numerous public pronouncements about “acceptable” and “unacceptable” tax avoidance. It is against this backdrop and during a period of economic austerity that the tribunals and the higher courts are being asked to determine tax disputes.

What are a judge’s duties?

Given that the UK does not have a written constitution, there is no single, codified source which determines the powers, duties and responsibilities of our judges. Instead they are derived from an amalgam of statute and often very old common law.

The Judges’ Council (chaired by the Lord Chief Justice, Lord Judge) publishes the Guide to Judicial Conduct (the guide), which is intended “to offer assistance to judges on issues rather than prescribe

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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