With the recent decisions in Hurstwood Properties and Bostan Khan, the courts are again grappling with exactly what it means to construe statutory provisions purposively, writes Dominic Stuttaford (Norton Rose Fulbright).
Forty years have now elapsed since the original House of Lords decision in the Ramsay case (WT Ramsay Ltd v IRC [1982] AC 300) and yet it continues to be quoted in what seems to be virtually every tax case (outside VAT) of any importance. It therefore seems appropriate to review the state of play. This is particularly in light of the sad death at the end of May of Lord Millett who was counsel for HMRC in Ramsay and whose judgment in Arrowtown [2003] HKCFA 46(together with that of Ribeiro PJ) hasproven to be so influential.
A long and winding road
The path from the decision in Ramsay to where we are now has...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
With the recent decisions in Hurstwood Properties and Bostan Khan, the courts are again grappling with exactly what it means to construe statutory provisions purposively, writes Dominic Stuttaford (Norton Rose Fulbright).
Forty years have now elapsed since the original House of Lords decision in the Ramsay case (WT Ramsay Ltd v IRC [1982] AC 300) and yet it continues to be quoted in what seems to be virtually every tax case (outside VAT) of any importance. It therefore seems appropriate to review the state of play. This is particularly in light of the sad death at the end of May of Lord Millett who was counsel for HMRC in Ramsay and whose judgment in Arrowtown [2003] HKCFA 46(together with that of Ribeiro PJ) hasproven to be so influential.
A long and winding road
The path from the decision in Ramsay to where we are now has...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
