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Tax

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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