Third party tax information notices taxpayers have no right to attend hearing – OUT-LAW

Posted August 11th, 2021 in appeals, HM Revenue & Customs, news, taxation, third parties, tribunals by tracey

‘The tax tribunal has no power to direct that an application by HM Revenue & Customs (HMRC) for a third party information notice be held “inter partes”, that is with the taxpayer or the third party present, the Court of Appeal has confirmed.’

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OUT-LAW.com, 10th August 2021

Source: www.pinsentmasons.com

Bill makes subtle changes to judicial review in England and Wales – OUT-LAW.com

Posted August 11th, 2021 in bills, consultations, government departments, judicial review, news by tracey

‘The UK government has introduced its Judicial Review and Courts Bill in Parliament. In doing so, it has stepped back from radical reforms restricting judicial review, and instead focused on a more subtle reform of remedies, expected to come into force in England and Wales in 2022.’

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OUT-LAW.com, 10th August 2021

Source: www.pinsentmasons.com

Liquidated damages and London buses – Practical Law: Construction Blog

Posted August 11th, 2021 in compensation, construction industry, contracts, damages, news by tracey

‘Cases about liquidated damages are, it transpires, like London buses: you wait ages for one to turn up and then two come along together.’

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Practical Law: Construction Blog, 9th August 2021

Source: constructionblog.practicallaw.com

Recent Statutory Instruments – legislation.gov.uk

Posted August 11th, 2021 in legislation by tracey

SI 2021/931 – The Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) (Coronavirus) (Amendment) Order 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted August 11th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

C (A Child) (Child Abduction : Parent’s Refusal To Return With Child) [2021] EWCA Civ 1216 (10 August 2021)

I-A (Revocation of Adoption Order) [2021] EWCA Civ 1222 (10 August 2021)

Chowdhury v Secretary of State for the Home Department [2021] EWCA Civ 1220 (09 August 2021)

High Court (Administrative Court)

Burghelea v Bucharest Tribunal Romania [2021] EWHC 2261 (Admin) (10 August 2021)

Byrne v General Medical Council [2021] EWHC 2237 (Admin) (10 August 2021)

Tomkins, R (On the Application Of) v City of London Corporation [2021] EWHC 2265 (Admin) (10 August 2021)

Metcalfe v Solicitors Regulation Authority Ltd [2021] EWHC 2271 (Admin) (10 August 2021)

Mitchell, R (On the Application Of) v Secretary of State for Justice [2021] EWHC 2248 (Admin) (09 August 2021)

Langton, R (On the Application Of) v Secretary of State for Environment Food and Rural Affairs [2021] EWHC 2199 (Admin) (09 August 2021)

Modi v Government of India & Anor [2021] EWHC 2257 (Admin) (09 August 2021)

Girgis, R (On the Application Of) v Joint Committee on Intercollegiate Examinations [2021] EWHC 2256 (Admin) (06 August 2021)

High Court (Chancery Division)

Arora & Anor v Moshiri & Anor [2021] EWHC 2230 (Ch) (10 August 2021)

Amicus Finance Plc, Re (Convening judgment) [2021] EWHC 2255 (Ch) (09 August 2021)

Hussain & Anor v Ahmed & Anor [2021] EWHC 2213 (Ch) (09 August 2021)

High Court (Queen’s Bench Division)

Qatar Investment And Projects Holding Co & Anor v Phoenix Ancient Art S.A. [2021] EWHC 2243 (QB) (09 August 2021)

Caine v Facebook Ireland Ltd & Ors [2021] EWHC 2264 (QB) (06 August 2021)

Source: www.bailii.org

Disabled claimant nets permission for judicial review challenge over Hampstead Ponds charging regime – Local Government Lawyer

‘A High Court judge has given a disabled swimmer permission to bring a judicial review challenge over the new charging regime for Hampstead Ponds.’

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Local Government Lawyer, 10th August 2021

Source: www.localgovernmentlawyer.co.uk

Landlord ordered to pay more than £21,000 after council prosecutes him for unlicensed house in multiple occupation – Local Government Lawyer

Posted August 11th, 2021 in costs, fines, housing, landlord & tenant, licensing, local government, news by tracey

‘A private landlord operating an unlicensed and overcrowded property in Kensal Green has been told to pay more than £21,000 in fines and costs by Willesden Magistrates’ Court.’

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Local Government Lawyer, 10th August 2021

Source: www.localgovernmentlawyer.co.uk

QC arbitrators in Man City case were not “beholden” to Premier League – Legal Futures

Posted August 11th, 2021 in arbitration, barristers, bias, news, queen's counsel, sport by tracey

‘The High Court has rejected a claim by Manchester City football club that there was apparent bias on the part of three QCs sitting on a Premier League arbitration panel.’

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Legal Futures, 11th August 2021

Source: www.legalfutures.co.uk

Research Briefing: Stamp duty land tax on residential property – House of Commons Library

Posted August 11th, 2021 in housing, news, parliament, stamp duty, taxation by tracey

‘This Commons Library paper discusses the way that sales of residential property are taxed, and a series of reforms that have been introduced to stamp duty land tax in recent years.’

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House of Commons Library, 10th August 2021

Source: commonslibrary.parliament.uk

Abuse of disabled patients forces watchdog to close hospital – The Independent

‘A mental health hospital has been closed by the care watchdog after inspectors saw evidence of patients being abused. The Care Quality Commission (CQC) has forced the closure of Eldertree Lodge, in Staffordshire, which looked after more than 40 adults with learning disabilities and autism.’

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The Independent, 10th August 2021

Source: www.independent.co.uk

Man with right to British citizenship facing deportation to Jamaica – The Independent

‘A man who has been in the UK for nearly 30 years and is believed to have the right to British citizenship under the Windrush scheme is facing deportation to Jamaica in two days.’

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The Independent, 10th August 2021

Source: www.independent.co.uk

Man jailed 24 hours after upskirting woman in London underground station – The Independent

‘A man caught filming up a stranger’s skirt during a visit to the UK was jailed less than 24 hours after committing the offence.’

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The Independent, 10th August 2021

Source: www.independent.co.uk

Welsh Gower salt marsh lamb given protected status under new post-Brexit regime – The Independent

Posted August 11th, 2021 in brexit, EC law, food, news by tracey

‘Welsh Gower salt marsh lamb has become the first food product to receive protected status under a new post-Brexit regime.’

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The Independent, 11th August 2021

Source: www.independent.co.uk

Smitten prison officer helped inmate lover escape – BBC News

‘A former prison officer has been jailed for forming a relationship with an inmate and helping him escape.’

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BBC News, 10th August 2021

Source: www.bbc.co.uk

Chaos as more than a dozen people taken off deportation flight from UK to Jamaica – The Guardian

‘The hours before a controversial Home Office charter flight to Jamaica was due to take off were mired in chaos and confusion as more than a dozen people were removed from the flight after legal challenges. The original Home Office “long list” for the flight is believed to have had 90 names on it. But the fate of the deportation flight hung in the balance on Tuesday evening as only about one tenth remained on the schedule. Tweets from a campaign group in the early hours of Wednesday morning, and flight tracker data, suggested the plane did eventually depart.’

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The Guardian, 11th August 2021

Source: www.theguardian.com

UK could allow animal tests for cosmetic ingredients for first time since 1998 – The Guardian

Posted August 11th, 2021 in animal cruelty, animals, health & safety, news by tracey

‘Ministers have opened the door to expanding the use of animal testing to ingredients used in cosmetic products for the first time in 23 years, an animal welfare charity has said.’

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The Guardian, 11th August 2021

Source: www.theguardian.com

Channel migrants: Asylum seeker cleared of people smuggling was ‘scapegoat’ – BBC News

‘An Iranian asylum seeker cleared of people smuggling has said he was made a “scapegoat” by British authorities. Fouad Kakaei, who steered a dinghy across the English Channel, was found not guilty at a second trial after appealing against his first conviction.’

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BBC News, 11th August 2021

Source: www.bbc.co.uk

Article by Jonathan Lewis – Victim status under the Human Rights Act 1998 – Henderson Chambers

Posted August 10th, 2021 in disclosure, human rights, inquiries, judicial review, news, rendition, victims by sally

‘Reprieve, a legal action non-governmental organisation, and two MPs judicially reviewed the Prime Minister’s decision not to hold a public inquiry into the alleged complicity of British state agents in the unlawful rendition, detention, and mistreatment of individuals by other states in the years following the attack on New York in September 2001. The Court of Appeal held that the claimants were not victims within the meaning of the Human Rights Act 1998 (HRA 1998) and that Article 6(1) of the European Convention on Human Rights (ECHR) therefore did not apply to the claim. It further decided that the claimants were not entitled to disclosure in accordance with the standard set in SSHD v AF (No 3). Written by Jonathan Lewis, barrister at Henderson Chambers.’

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Henderson Chambers, 3rd August 2021

Source: www.hendersonchambers.co.uk

“A question of liability” – Sir Robert Akenhead and David Johnson for Building Magazine – Atkin Chambers

Posted August 10th, 2021 in building law, contracts, exclusion clauses, news by sally

‘The recent decision in Mott vs Trant suggests the courts are unwilling to overrule clauses that exclude or limit liability, writes Sir Robert Akenhead, with assistance from David Johnson.’

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Atkin Chambers, 4th August 2021

Source: www.atkinchambers.com

Churchyard access and prescriptive right of way: Hughes – Law & Religion UK

Posted August 10th, 2021 in easements, land registration, news, prescription, rights of way by sally

‘In Hughes v Incumbent of the benefice of Frampton-on-Severn, Arlingham, Saul, Fretherne & Framilode [2021] UKUT 184 (LC), the incumbent of St James’s Saul, one of the churches in the Severnside group of parishes in Gloucestershire, applied to HM Land Registry in 2018 for a vehicular right of way for the benefit of the church over land belonging to the neighbouring property, a former school site next to the church. It was claimed that the track had been used by successive incumbents and their visitors – visiting clergy, people tending graves, and the funeral director ­– for more than twenty years for access to the grass where vehicles parked to gain access to the churchyard and church [7]. The neighbouring owners, Mr and Mrs Hughes (who had bought the property from the previous owners, Mr and Mrs West), objected, the matter was referred to the First Tier Tribunal pursuant to s.73(7) Land Registration Act 2002, and the FTT directed the registrar to register the easement [1]. Mr and Mrs Hughes appealed.’

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Law & Religion UK, 10th August 2021

Source: lawandreligionuk.com