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28 October 2011
Issue: 7487 / Categories: Case law , Law digest , In Court
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Tax

R (on the application of Davies and another) v Revenue and Customs Commissioners [2011] UKSC 47, [2011] All ER (D) 157 (Oct)

“Residence” was not defined in statute. The definition of “reside” adopted by the courts was that of a “settled or usual abode”. An individual who had been resident in the UK ceased in law to be so resident only if he ceased to have a settled or usual abode in the UK. The phrase “a distinct break” was not an inapt description of the degree of change in the pattern of an individual’s life in the UK which would be necessary if a cessation of his settled or usual abode in the UK was to take place. Section 334 of the Income and Corporation Taxes Act 1988 had the effect that, if an individual who had been resident and ordinarily resident in the UK, ceases to be resident in the UK, he would nevertheless be deemed to have remained resident in the UK if he had left the UK for the purpose only of occasional residence

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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