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Bowled by a googly

18 November 2008 / Mike Truman
Issue: 4185 / Categories: Comment & Analysis , Residence & domicile
MIKE TRUMAN reports on the High Court judgment in the Grace case

KEY POINTS

  • The Special Commissioner's decision is overturned rather than referred back.
  • Confusion of case law and statute?
  • Is everyone who is here for six months automatically resident in the UK?
  • Is anyone who works in the UK regularly now resident?

We only found out as we went to press last week that the judgment in Grace was about to be released; had we known it was to be so soon we would have waited for it before reporting the case at all. As I wrote the article explaining the arguments in court Howzat? I tried to keep it as balanced as I could.

However a few comments probably indicated my feelings about it especially the concluding words: 'it does indicate how difficult it is to overturn the decision of the Special Commissioner...

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