Citywealth - Law Articles
06 Aug 2010
McDermott Will & Emery: The HMRC “91 day rule”
Unless the case does go to a hearing in the Supreme Court, the Court of Appeal’s decision in the Gaines-Cooper case will concern many individuals who have based their international tax planning around the “91 day rule” originally set out in HMRC guidance IR20 and continued in the replacement guidance, HMRC6. In a somewhat odd judgment where the judges apply statutory construction techniques to a Revenue guidance note, it was at last confirmed that HMRC are bound by what they have written. In the light of the Wilkinson case which said that it was not possible for HMRC to apply concessions, this was by no means a foregone conclusion. The logic that binds the Revenue to an analysis of the law that is simply interpretation but not to a concession which formally acknowledges a clear injustice in the legislation is difficult to support. Read more...
12 Jul 2010
Paying maintenance may last a lifetime
A commitment to pay maintenance does not automatically come end on retirement or on your own remarriage or on the birth of children. An English maintenance order for an ex spouse (often called alimony) is normally expressed to come to an end only on death or on the remarriage of the recipient. Read more...
19 Apr 2010
Appleby: Justice must be seen to be done by Kai McGriele
The facts of the case are that Mr Michel and his personal assistant se up corporate /trust structures for their clients using false details. They would then place funds on deposit and purchase property on their clients behalf while maintaining their clients anonymity. Mr Michel says he did not know or suspect that any of his clients were criminals or that they were dealing with the proceeds of crime. Read more...
19 Apr 2010
Sarah Stowell, Bircham Dyson Bell: A stitch in time
Sarah Stowell, Bircham Dyson Bell. "Not organising Lasting Power of Attorney particularly if ill health or a disaster happens suddenly can mean personal affairs are dealt with by the Court of Protection which is costly and time consuming." Read more...
19 Apr 2010
Credit crunch: good news for lease holders of UK property
Eighty years is the threshhold where it is vital to take action say Rooks Rider particularly if the property has to be moved within a trust where there may be delays. Read more...
19 Apr 2010
Profile: Robertsons Hong Kong
Robertsons was just voted one of Hong Kong's most valuable companies for 2010 with the likes of HSBC, Shun Tak Holdings and Nuance Watson. Out of 11,000 international and local brands, Robertsons was one of forty eight businesses listed. Michael Lintern-Smith was particularly praised as an authority. Read more...
17 Mar 2010
The future of pre-nuptial agreements in England and Wales
Although the hearing will be soon, there is likely to be much judicial head-scratching, and the outcome is not likely to be known until a couple of months later. Read more...
24 Jan 2010
US update: federal estate and generation-skipping transfer (GST) taxes
“2010 will be a time when fed up Americans, and non-Americans with U.S. passports, consider expatriating:" Josh Rubenstein, Katten Muchin Rosenman Read more...
10 Dec 2009
A new law firm for 2010: Berkeley Law
“We are on the brink of a major reform in the way legal services are offered,” explains Thornton-Jones, “the idea that very soon we can have a multi disciplinary practice and offer a total service really appeals.” I ask what this means in practice. Ruffel clarifies the point, “We know what we are good at and will stick to that but if we see companies of a similar calibre then Clementi will allow us to do business with them or partner.” Read more...
12 Dec 2008
James Denker, private client lawyer at Bircham Dyson Bell dies of cancer
Heartfelt sympathies are sent to his family. Read more...
