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Wrong Justice Burton?

Justice Michael Burton

Judge

High Court

Email: j***@***.au

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I agree to the Terms of Service and Privacy Policy. I understand that I will receive a subscription to ZoomInfo Community Edition at no charge in exchange for downloading and installing the ZoomInfo Contact Contributor utility which, among other features, involves sharing my business contacts as well as headers and signature blocks from emails that I receive.

High Court

Parkes Place

Parkes, Australian Capital Territory,2600

Australia

Company Description

Although the High Court of Australia was established in 1901 by Section 71 of the Constitution, the appointment of the first Bench had to await the passage of the Judiciary Act in 1903. The first sitting of the High Court took place in the Banco Court of the...more

Background Information

Employment History

President

Heriot-Watt University


Editor On Section

Civil Appeals


Chairman

CAC


President

The Investigatory Powers Tribunal


Head

Littleton Chambers


Lecturer In Law

Balliol College


Affiliations

Goldsmiths College

Honorary Fellow


Competition Appeal Tribunal

Member of the Panel of Chairmen


Eton College

Fellow


Gray's Inn

Treasurer


Education

MA

Eton College


Web References(109 Total References)


The Investigatory Powers Tribunal

www.ipt-uk.com [cached]

Mr Justice Burton (President)
MR JUSTICE BURTON (PRESIDENT) Mr Justice Burton was first a Scholar at Eton College and then at Balliol College, Oxford, where he read Classics and then Law, obtaining his MA: he was a lecturer in law at Balliol from 1970 to 1973. He was called to the Bar in 1970, became a QC in 1984, and was appointed a High Court Judge in 1998. He had a busy commercial practice in the Queen's Bench Division, Chancery Division, Commercial Court and Employment Courts, in a wide variety of fields of Law. He was Head of Littleton Chambers from 1991 to 1998. He appeared as Counsel not only in the UK and Luxembourg, but also in Hong Kong, Singapore, Bermuda, Brunei and the United States. He sat for a number of years as a Deputy High Court Judge in the Queen's Bench and Chancery Divisions, and as an arbitrator and mediator Since his appointment as a High Court Judge he has sat in Queen's Bench and Chancery Divisions, Commercial Court Administrative Court, Family Division, Revenue List and the Employment Appeal Tribunal, of which he was President from October 2002 to December 2005, and remains a nominated judge. Mr Justice Burton was Chairman of the High Court Judges Association from 2010-11 and Treasurer of Gray's Inn in 2012. He has been since 2000 the Chairman of the Central Arbitration Committee pursuant to the Employment Relations Act 1999 and is an Honorary Fellow of Goldsmiths' College, University of London. He was Vice President of the Investigatory Powers Tribunal from its inception in 2000 before being appointed as its President in October 2013. MR JUSTICE SALES (VICE PRESIDENT) Mr Justice Philip Sales is a judge of the High Court of Justice, Chancery Division. He was called to the Bar in 1985 and served as a Recorder from 1999 to 2008. He was appointed First Treasury Junior Counsel (Common Law) in 1997 and (upon becoming a QC in 2006) became First Treasury Counsel (Common Law). He served in that post until he was appointed to the High Court Bench in 2008. He is currently Deputy Chairman of the Boundary Commission for England and a member of the Panel of Chairmen at the Competition Appeal Tribunal. He was appointed as Vice President of the Investigatory Powers Tribunal on 24 February 2014.


www.ipt-uk.com

Mr Justice Philip Sales is a judge of the High Court of Justice, Chancery Division.
He was called to the Bar in 1985. He served as a Recorder from 1999 to 2008. He was appointed First Treasury Junior Counsel (Common Law) in 1997 and (upon becoming a QC in 2006) became First Treasury Counsel (Common Law). He served in that post until he was appointed to the High Court Bench in 2008. He is currently Deputy Chairman of the Boundary Commission for England and a member of the Panel of Chairmen at the Competition Appeal Tribunal. He was appointed as Vice President of the Investigatory Powers Tribunal on 24 February 2014. Mr Justice Burton (President) Mr Justice Sales (Vice President)


international arbitration law

www.blplaw.com [cached]

Mr Justice Burton, a Judge of the High Court who has given a number of recent judgments in this area, acted as Chair.


www.alertnet.org

6. On 2 June 2009, a freezing injunction was granted by Mr Justice Burton of the High Court.


ElanIT - Global - News - Events - IR35

www.elanit.com [cached]

The matter was heard by Mr. Justice Burton of the High Court, and he handed down judgement on Monday 2 April 2001. A full copy of the judgement can be found at: http://wood.ccta.gov.uk/courtser/judgements.nsf/6ff876ba66f8361a8025683c00411386/31886e2368ea807380256a22004dc587/$FILE/admin_pcg.htm The application of the PCG was dismissed and IR35 remains in place.Although critical of the Inland Revenue, Justice Burton did not declare IR35 illegal.He stated that it was not incompatible with European free trade laws and the Human Rights Act. Justice Burton's judgement laid down some new guidelines for the Inland Revenue on the way it determines employment status.He stated that just because a contractor signs a standard agency contract (such as Elan's) does not mean that the contractor will necessarily be caught by IR35.He also criticized the Revenue's "inflexible approach" to the right of substitution in a contract. The Inland Revenue has recently been placing much importance on viewing the contract between the agency (e.g. Elan) and the client.Mr. Justice Burton did not disagree that this was a factor, however, he did state that where such a contract exists it may be only one part of the picture.It is possible that Justice Burton's comments will have a persuasive influence on both the courts and on the tax inspectors and commissioners, who will be making decisions on IR35-related cases in the future.However, there is no change to the current law, and Inland Revenue have confirmed on their website that they will continue to apply IR35 "as written in the law".The Inland Revenue is considering the judgement to see if they are legally required to make any amendments. October 2000


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