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28 April 2011
Issue: 7463 / Categories: Case law , Law digest
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Tax

Mayes v Revenue and Customs Commissioners [2011] EWCA Civ 407, [2011] All ER (D) 116 (Apr)

The Income and Corporation Taxes Act 1988 was not excluded from the general principle of purposive and contextual construction of all legislation (the Ramsay principle). That principle had displaced the more literal, blinkered and formalistic approach to revenue statutes often applied before Ramsay.

The 1988 Act provisions on the taxation of life insurance policies were to be given a purposive construction in order to determine the nature of the transaction to which they were intended to apply. The court then had to decide whether the actual transactions answered to the statutory description, having taken account of their overall effect. 
 

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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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