Landmark Cases in Revenue Law

Taxation › U.K.

Landmark Cases in Revenue Law

Edited by John Snape · Dominic de Cogan
Hart Publishing October 2020

Specifications

ISBN-13
9781509945221
Publisher
Hart Publishing
Publication
October 2020
Format
Paperback , 576 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

In an important addition to the series, this book explores the 20 cases through which the evolution of the defining principles of revenue law can be traced.

Hallmarks of a landmark case include :-

  • technical importance;
  • philosophical depth;
  • historical significance;
  • and constitutional significance.

The editors skillfully and thoroughly traverse these criteria in their selection. A stellar team of contributors explores the chosen cases from the perspective of both the real world operation of revenue law and the ideals they reaffirm. This thought-provoking publication enhances the readers' understanding of the discipline.

Table of Contents

Introduction: On the Significance of Revenue Cases
John Snape and Dominic de Cogan
1. Case of Ship-Money (R v Hampden) (1637): Prerogatival Discretion in Emergency Conditions
Michael J Braddick
2. Farmer v Glyn-Jones (1903): The Perils of Revenue Practice
Chantal Stebbings
3. De Beers Consolidated Mines Ltd v Howe (1906): Corporate Residence: An Early Attempt at European Harmonisation
John Avery Jones and Johann Hattingh
4. Thomas Gibson Bowles v Bank of England (1913): A Modern John Hampden?
Martin Daunton
5. Great Western Railway Co v Bater (1922): A Question of Classification
John HN Pearce
6. The Archer-Shee Cases (1927): Trusts, Transparency and Source
Malcolm Gammie
7. Commissioners of Inland Revenue v Crossman (1936): Keeping it in the Family
Ann Mumford
8. Edwards v Bairstow and Harrison (1955): Fact Finding and the Power of the Courts
Anne Fairpo
9. Odeon Associated Theatres Ltd v Jones (HM Inspector of Taxes) (1971): A Delphic Pronouncement and a Fundamental Tension
Judith Freedman
10. WT Ramsay v Commissioners of Inland Revenue (1981): Ancient Values, Modern Problems
John Snape
11. CIR v National Federation of Self-Employed and Small Businesses (1981): All Grievances Converging on Tax Law
Dominic de Cogan
12. Conservative and Unionist Central Office v Burrell (1981): A Case of Hidden Significance
Victor Baker
13. Mallalieu v Drummond (1983): Allowable Deductions, Inadmissible Arguments
Geoffrey Morse
14. Zim Properties Ltd v Proctor (1985): Compromise of Action, Compensation and CGT
David Salter
15. The Commerzbank Litigation (1990): UK Law, Tax Treaty Law and EU Law
Philip Baker
16. Pepper v Hart and Others (1992): The Case of the Misunderstood Minister
Philip Ridd
17. R v Secretary of State for Foreign and Commonwealth Affairs, ex parte World Development Movement (1994): Financial Prudence, Interfering Busybodies
Abimbola A Olowofoyeku
18. Barclays Mercantile Business Finance v Mawson (2004): Living with Uncertainty
John Vella
19. Cadbury Schweppes and Cadbury Schweppes Overseas (2006): CFC Rules Under EU Tax Law
Christiana HJI Panayi
20. Jones v Garnett (2007): Legal Form, Legal Problem
Glen Loutzenhiser

Reviews

“Snape and de Cogan frame a book containing classic cases in tax law as a means of understanding the deeply social and political nature of tax law, revenue law, the government, and the people's interactions in what they hope will be a civilized society. Seeing issues from this more inclusive framing will allow legal scholars to contribute to that desired outcome without unnecessarily narrowing (and thus inevitably distorting) their focus.” –  Neil H Buchanan, Jotwell

“[A] full appreciation of the immense effort put in by each of the contributors gradually reveals itself after reading each of the contributions. The book is extensively researched and indexed... This book offers much more than an analysis of leading revenue law cases in the UK... This reviewer thoroughly endorses this book as essential reading to anyone interested in the historical development of the UK's revenue law through the lens of the common law. Furthermore, it is recommended to anyone with an interest in revenue law, especially where the common law operates. It is not a book for reading in a single session; its full impact on one's thinking is only achievable if a reader takes time to reflect upon the implications and insights provided by each of the chapters. This book should be part of the collections of tax practitioners, academics, officials, the judiciary and students with a keen interest in the law, especially those working with, or having an interest in, revenue law.” –  Adrian Sawyer, Professor of Taxation, UC Business School, University of Canterbury, New Zealand, British Tax Review

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