Last year, HMRC won 23 out of 26 avoidance cases in the courts. In the recent Court of Appeal decision in Chappell, Patten LJ summarised the history of the so-called Ramsay principle, including the recent Supreme Court decision in UBS and Deutsche Bank, and again found for HMRC. In the light of these recent case law developments, do we still need the general anti-abuse rule?
Heather Self (Pinsent Masons) questions whether the GAAR is really necessary in light of recent case law, such as Chappell.
Last year, HMRC won 23 out of 26 avoidance cases in the courts. In the recent Court of Appeal decision in Chappell, Patten LJ summarised the history of the so-called Ramsay principle, including the recent Supreme Court decision in UBS and Deutsche Bank, and again found for HMRC. In the light of these recent case law developments, do we still need the general anti-abuse rule?
Heather Self (Pinsent Masons) questions whether the GAAR is really necessary in light of recent case law, such as Chappell.