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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

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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