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05 May 2011 / Jonathan Levy , Daniel Hemming
Issue: 7464 / Categories: Features , Commercial
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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

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

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Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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