Sham Transactions

Author: Edwin Simpson; Miranda Stewart
Publisher: Oxford University Press
ISBN: 9780199685349
Published In: November 2013
Format: Hardback , 352 pages
Jurisdiction: Australia, Canada, New Zealand, U.K., U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The only book to focus exclusively on the doctrine of sham
Draws together the varied practice of applying the doctrine of sham across the common law, including tax, trusts, company, contract, tenancy and employment law cases
Broad jurisdictional treatment of sham, covering practice in the UK, Australia, New Zealand, Canada and the US
Provides editorial comparative analysis of common themes and variations in treatment of sham cases
Comprises the expert views from leading practitioners and academics, edited by senior legal scholars at leading law schools

The doctrine of sham is one that pervades the common law. This book will be the first cross-disciplinary analysis of all aspects of the sham doctrine, form its history and development to its varied practical applications. For practitioners used to working in only one area of sham, this volume allows a broader appreciation of the doctrine as it is applied in diverse legal areas, such as tenancy law, trusts, employment law and tax.

These several areas are expounded by experts in their field, including both leading practitioners and distinguished scholars. Each contribution considers how key themes apply in each field, such as how the doctrine of sham is related to deceit or fraud, why the doctrine has been found to be useful and how it relates to other principles of statutory interpretation.

This wide-ranging work is brought together, not only by these key themes, but by the comparative analysis of the editors, making this a substantial contribution to the understanding of the common law doctrine of sham.

Readership: Scholars and practitioners interested in or advising on tax, trusts, contract, contract, landlord and tenancy, and employment law.

Part I: Context and History
1: Miranda Stewart and Edwin Simpson: Introduction: What is the Sham 'Doctrine'?
2: Mike McNair: Sham: Early Uses and Related and Unrelated Doctrines
3: Miranda Stewart: The Judicial Doctrine of Sham in Australia
4: Joshua Blank and Nancy Staudt: Sham Transactions in the United States
5: Edwin Simpson: Sham and Purposive Statutory Construction
Part II: Sham Transactions
6: Susan Bright, Hannah Glover and Jeremias Prassl: 'Shams' in Tenancy Agreements
7: Matthew Conaglen: Sham and Trusts
8: Nicholas Le Poidevin: Sham and Trusts: A Practitioner's Perspective
9: Lord Neuberger: Sham Doctrine and Company Charges
10: Anne Davies: Sham Transactions in Employment Law
11: Robert Miles and Eleanor Holland: Shams and Piercing the Corporate Veil
Part III: Taxation and Artificiality
12: Malcolm Gammie: Tracing the Boundaries of Sham and Ramsay
13: Shelley Griffiths and Jessica Palmer: Sham and Tax Avoidance: What Difference does a GAAR make? - a New Zealand Perspective
14: Glen Loutzenhiser: Trompe-l'oeil: Sham in the Canadian Tax Courts
15: John Vella: Sham, Tax Avoidance and 'A Realistic View of Facts'
16: Michael Kirby: Sham and Tax Law: Coffee Beans, Trust Funds and Judicial Distaste

Edwin Simpson is a Tutor in Law and the Barclays Bank Lecturer in Taxation at Christ Church College, Oxford. He he teaches in public law and maintains an interest in the fields of trusts and tax and lectures on the Oxford B.C.L. on tax avoidance. He was called to the Bar in 1990. He appears frequently at Public Inquiries considering Highway matters, Town and Village Greens, and the mapping of access land pursuant to Countryside Act 2000; and advises in connection with all aspects of such work.

Miranda Stewart is a Professor of Law, Associate Dean (Engagement) and Director of Tax Studies at Melbourne Law School. She has many years experience in tax law in Australia and overseas. She is an International Fellow of the Centre of Business Taxation at Oxford University and was recently a visiting scholar at Christ Church, Oxford on the Melbourne-Oxford Faculty Exchange. Before joining the Faculty in 2000, Miranda taught at New York University School of Law in the leading International Tax program in the US. She previously worked in the Australian Tax Office on tax policy and legislation and as a solicitor at Arthur Robinson & Hedderwicks. Miranda's current research is on tax law and development, international tax coordination, and issues of gender and tax.

Contributors:
Mike Macnair, Tutor in Law at St Hugh's College, Oxford University
Joshua Blank, Professor of Tax Practice at New York University
Nancy Staudt, Professor of Law and Academic Director at the University of Southern California
Susan Bright, Professor of Land Law at New College, Oxford University
Hannah Glover, Tutor in Law at Keble College, Oxford University
Jeremias Prassl, Teaching Fellow in Law at St John's College, Oxford University
Matthew Conaglen, Professor of Equity and Trusts at the University of Sydney
Nicholas Le Poidevin QC, Barrister at New Square Chambers
Lord Neuberger, President of the Supreme Court of the UK
Anne Davies, Professor of Law and Public Policy at Brasenose College, Oxford University
Robert Miles CBE QC, Barrister at 4 Stone Buildings
Eleanor Holland, Barrister 4 Stone Buildings
Malcolm Gammie QC, Barrister at One Essex Court
Shelley Griffiths, Associate Professor at the University of Otago
Jessica Palmer, Senior Lecturer at the University of Otago
Glen Loutzenhiser, Lecturer in Tax Law at St Hugh's College, Oxford University
John Vella, Senior Research Fellow at the Centre for Business Taxation, Oxford University
Michael Kirby AC CMG, former Justice, High Court of Australia