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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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