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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

Muckle LLP—Rachael Chapman

Muckle LLP—Rachael Chapman

Sports, education and charities practice welcomes senior associate

Ellisons—Carla Jones

Ellisons—Carla Jones

Partner and head of commercial litigation joins in Chelmsford

Freeths—Louise Mahon

Freeths—Louise Mahon

Firm strengthens Glasgow corporate practice with partner hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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