Commentary

I2.211 The Ramsay principle after Tower MCashback Llp

IHT, trusts and estates

I2.211 The Ramsay principle after Tower MCashback Llp

I2.211 The Ramsay principle after Tower MCashback Llp

The Ramsay principle has undergone a significant reformulation since the turn of the century, particularly following the Supreme Court decision in HMRC v Tower MCashback Llp1 (see I2.209 above). The practical effect is that what Lord Brightman had sought to portray as a set of rules of thumb of reasonable clarity, but with an uncertain justification in received legal doctrine, appears to have reverted to Lord Wilberforce's original formulation of a rule of statutory construction with a more respectable intellectual basis, albeit with arguably less certainty of application.

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