Sham Transactions

Hardcover | November 20, 2013

EditorEdwin Simpson, Miranda Stewart

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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 volumeallows 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 usefuland 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.

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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 volumeallows a broader appreciation of the doctrin...

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 H...

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Format:HardcoverDimensions:368 pagesPublished:November 20, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199685347

ISBN - 13:9780199685349

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Table of Contents

Part I: Context and History1. Miranda Stewart and Edwin Simpson: Introduction: What is the Sham 'Doctrine'?2. Mike McNair: Sham: Early Uses and Related and Unrelated Doctrines3. Miranda Stewart: The Judicial Doctrine of Sham in Australia4. Joshua Blank and Nancy Staudt: Sham Transactions in the United States5. Edwin Simpson: Sham and Purposive Statutory ConstructionPart II: Sham Transactions6. Susan Bright, Hannah Glover and Jeremias Prassl: 'Shams' in Tenancy Agreements7. Matthew Conaglen: Sham and Trusts8. Nicholas Le Poidevin: Sham and Trusts: A Practitioner's Perspective9. Lord Neuberger: Sham Doctrine and Company Charges10. Anne Davies: Sham Transactions in Employment Law11. Robert Miles and Eleanor Holland: Shams and Piercing the Corporate VeilPart III: Taxation and Artificiality12. Malcolm Gammie: Tracing the Boundaries of Sham and Ramsay13. Shelley Griffiths and Jessica Palmer: Sham and Tax Avoidance: What Difference does a GAAR make? - a New Zealand Perspective14. Glen Loutzenhiser: Trompe-l'oeil: Sham in the Canadian Tax Courts15. 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