header-logo header-logo

05 May 2011 / Jonathan Levy , Daniel Hemming
Issue: 7464 / Categories: Features , Commercial
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
back-to-top-scroll