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In the line of duty

24 November 2011 / Peter Vaines
Issue: 7491 / Categories: Features , Tax , Commercial
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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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Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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