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In the lion’s den

19 February 2013 / Peter Vaines
Issue: 4391 / Categories: Comment & Analysis , Residence & domicile

Picking a way through the case of Daniel v HMRC


  • Familiar facts but procedural complications.
  • Interpretation of IR20 rules was a judicial review matter.
  • Judicial review was the less costly option.
  • HMRC had argued for the priority of judicial review in the previous case.
  • Court of Appeal reaches a different conclusion from the Supreme Court.

The recent Court of Appeal decision in Daniel v HMRC [2012] EWCA Civ 1741 concerned a case management issue. It is no surprise that articles rarely appear in Taxation on this subject but this particular case may have a wider interest than usual.

Mr Daniel was claiming to be non-resident. He had left the UK to take up full-time employment abroad and during his period of non-residence he realised a capital gain.

Mr Daniel claimed that he was non-resident on...

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