First Tier Tribunal (Tax Chamber) – Payment of Tax or Hardship Application not Required to Lodge Notice of Appeal – 23 Essex Street

Posted September 1st, 2022 in appeals, chambers articles, news, notification, repayment, taxation, VAT by sally

‘On 19 May 2017 HMRC decided that SNMP was not entitled to repayments of input tax claimed in respect of ten accounting periods and issued assessments for £312,377. That decision was later confirmed following a statutory review under sections 83A-G Value Added Tax Act 1994 (“VATA”). The solicitors for SNMP submitted a notice of appeal on 18 August 2017 but an application for hardship was not made nor had the amount in dispute been paid. As a consequence the FTT returned the appeal. The solicitors for SNMP re-submitted the appeal on 31 August 2017 but the disputed tax had still not been paid and neither had a hardship application been made. On the same date the FTT returned the appeal for the same reason as before by e-mail. Unfortunately the FTT used the wrong e-mail address for the solicitor and it was never received.’

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23 Essex Street, 25th August 2022

Source: www.23es.com

Sony could face £5bn in legal claims over PlayStation game charges – The Guardian

Posted August 26th, 2022 in appeals, competition, consumer protection, damages, news, video games by sally

‘Sony has been overcharging PlayStation gamers for six years, a new legal claim alleges, and could be forced to pay almost £5bn in damages if the claim succeeds.’

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The Guardian, 22nd August 2022

Source: www.theguardian.com

Proportionality in adoption cases – Local Government Lawyer

‘Lisa Edmunds summarises four decisions about proportionality in adoption cases and sets out the takeaway points for everyday practice.’

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Local Government Lawyer, 26th August 2022

Source: www.localgovernmentlawyer.co.uk

Poorly drafted long residence rules lead to avoidable litigation – EIN Blog

Posted August 22nd, 2022 in appeals, drafting, immigration, news, statutory interpretation, time limits, visas by sally

‘R (Iyieke) v Secretary of State for the Home Department [2022] EWCA Civ 1147 (11 August 2022). The Court of Appeal has held that Mr Victormills Onyekachi Iyieke, who had applied for indefinite leave to remain (“ILR”) on the ground of 10 years’ continuous lawful residence in the UK and who had a period of overstaying in 2014 “book-ended” by periods of leave was not able to rely on paragraph 276B(v) of the Immigration Rules. It is notable that current overstaying and previous overstaying between periods of leave are referred to as “open-ended” and “book-ended” overstaying. Furthermore, the Court of Appeal observed that under paragraph 276B(v) a period of overstaying between periods of leave was disregarded where the previous application was made before 24 November 2016 and within 28 days of the expiry of leave. Mr Iyieke had made an application within 28 days of the expiry of his leave in 2014—that was unsuccessful and he was later granted temporary admission on other grounds. In paragraph 276B(v), “the previous application” could not refer to any unsuccessful application made in a period of book-ended leave before 24 November 2016. The reference was to “the” previous application and not “a” previous application and “the” previous application had to have resulted in a period of leave. Mr Iyieke had a post-study work visa which expired on 9 August 2014. He applied for leave to remain on 2 September 2014, which was within 24 days of the expiry of his post-study work visa.’

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EIN Blog, 18th August 2022

Source: www.ein.org.uk

Bullale again – settled accommodation and intentional homelessness – Nearly Legal

‘Following the the Court of Appeal judgment in Bullale v City of Westminster Council (2020) EWCA Civ 1587 (our note) quashing Westminster’s review decision, Westminster had another go at a review decision as to whether Ms Bullale was intentionally homeless or not. In fact they had a further two goes. The second review decision went against Ms B, but the following s.204 appeal was compromised and a fresh, third, review decision undertaken. That also went against Ms B, and this is the resulting s.204 appeal judgment.’

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Nearly Legal, 21st August 2022

Source: nearlylegal.co.uk

Builder who lied his way into top NHS jobs ordered to repay £96,000 – The Independent

Posted August 22nd, 2022 in appeals, confiscation, fraud, hospitals, news, Supreme Court by sally

‘A fake NHS boss who made £1m by lying about his qualifications to secure senior jobs will have to pay £96,000 after Supreme Court hearing.’

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The Independent, 20th August 2022

Source: www.independent.co.uk

CV fraudster must repay some wages, Supreme Court rules – Law Society’s Gazette

‘A fraudster jailed for falsifying qualifications to secure a top NHS job should have to pay back some of the wages he unlawfully received, the Supreme Court has ruled.’

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Law Society's Gazette, 18th August 2022

Source: www.lawgazette.co.uk

A rare EAT finding of the appearance of unconscious confirmation bias – Doughty Street Chambers

‘In Laing v Bury & Bolton Citizens Advice [2022] EAT 85, the EAT found that a tribunal had erred in dismissing a claim brought by Litigant in Person where it had commented extensively, at times using strong and personalised language, on the Claimant’s behaviour throughout the hearing drawing upon such behaviour in support of how he must have behaved at work. It concluded that a fair-minded and informed observer would conclude that there was a real possibility that his behaviour had engendered an antipathy towards him which unconsciously influenced the tribunal’s collective decision in relation to a victimisation complaint.’

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Doughty Street Chambers, 1st August 2022

Source: insights.doughtystreet.co.uk

Supreme Court decision highlights complexity of the UK’s tax system – OUT-LAW.com

Posted August 17th, 2022 in appeals, corporation tax, HM Revenue & Customs, news, Supreme Court, taxation by sally

‘A recent UK Supreme Court decision is a reminder of some of the issues that need to be considered when calculating UK corporation tax profits whilst also highlighting the complexity of the UK’s tax system.’

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OUT-LAW.com, 15th August 2022

Source: www.pinsentmasons.com

Court of Appeal to consider crypto ‘duty of care’ – Law Society’s Gazette

Posted August 16th, 2022 in appeals, cryptocurrencies, duty of care, news by sally

‘The question of whether developers of cryptocurrencies and other blockchain-based assets owe a duty of care to investors in their products is to be examined in the Court of Appeal. Ruling last week in Tulip Trading v Van der Laan and Ors, Lady Justice Andrews granted permission for a Seychelles company owned by Dr Craig Wright, who claims to have invented the bitcoin digital currency to appeal a judgment by Mrs Justice Falk of 25 March denying jurisdiction over a claim for breach of fiduciary and tortious duties.’

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Law Society's Gazette, 15th August 2022

Source: www.lawgazette.co.uk

Supreme Court refuses City of London permission to appeal in dispute with leaseholders over service charges – Local Government Lawyer

Posted August 16th, 2022 in appeals, leases, news, service charges, Supreme Court by sally

‘The Supreme Court has refused the City of London Corporation permission to appeal in a dispute with leaseholders of a tower block over whether certain repairs to their homes were chargeable to them, it has emerged.’

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Local Government Lawyer, 15th August 2022

Source: www.localgovernmentlawyer.co.uk

F And G (Children : Sexual Abuse Allegations) [2022] EWCA Civ 1002 – Family Law Week

Posted August 16th, 2022 in appeals, child abuse, children, evidence, judgments, news by sally

‘The child had been the subject of an “ABE” interview that was non-compliant with best practice guidance in various ways. She had undergone a medical examination, and the examining doctor concluded that against a backdrop of a clear allegation from the child, the clinical findings supported the allegation of penetrative abuse. Written evidence from a paediatrician concluded that hymenal notches were “suggestive” of penetration.’

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Family Law Week, 1st August 2022

Source: www.familylawweek.co.uk

Appealing review decisions of the SEN Tribunal for Wales – Local Government Lawyer

‘The Upper Tribunal has confirmed appeals can be brought against review decisions of the SEN Tribunal for Wales. Matthew Wyard analyses the ruling.’

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Local Government Lawyer, 12th August 2022

Source: www.localgovernmentlawyer.co.uk

Compare The Market ruling ‘not green light’ for price restriction clauses – OUT-LAW.com

Posted August 12th, 2022 in appeals, competition, fines, insurance, news, tribunals by sally

‘A recent UK ruling does not mean that clauses in contracts that place restrictions on the price suppliers can offer products or services on other sales channels beyond their own are acceptable under competition law, an expert has said.’

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OUT-LAW.com, 11th August 2022

Source: www.pinsentmasons.com

Council must consider impact on Welsh Language in all policy decisions relating to its community property stock, Tribunal affirms – Local Government Lawyer

Posted August 10th, 2022 in appeals, enforcement, local government, news, Wales by sally

‘The Welsh Language Tribunal has dismissed Swansea Council’s appeal of a report from the Welsh Language Commissioner, which found the local authority had failed to consider the impact of the sale of an ex-school site on the Welsh language.’

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Local Government Lawyer, 9th August 2022

Source: www.localgovernmentlawyer.co.uk

Foreign convictions are admissible as evidence in family proceedings, Court of Appeal holds – Local Government Lawyer

‘The Court of Appeal has ruled that foreign judicial findings or convictions that are relevant to a person’s suitability to care for children may be used as evidence in family proceedings.’

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Local Government Lawyer, 8th August 2022

Source: www.localgovernmentlawyer.co.uk

Solicitors’ agents and rights of audience – appeal decision – Nearly Legal

‘This is an issue that has come up here a few times (eg this post and this post) – the rights of audience of people who do not have a right of audience in their own right, but attend hearings to carry out advocacy. Now we have a County Court detailed appeal decision on the issue (not binding, but as an appeal to a circuit judge, of persuasive value).’

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Nearly Legal, 7th August 2022

Source: nearlylegal.co.uk

Law Commission to undertake review of the appeals system – Law Commission

‘The Law Commission of England and Wales has launched a wide-ranging review of the laws governing appeals for criminal cases.’

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Law Commission, 5th August 2022

Source: www.lawcom.gov.uk

Holiday pay and pensions – Local Government Lawyer

‘Doug Mullen and Billy Richards consider the pensions implications of a recent Supreme Court holiday pay case.’

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Local Government Lawyer, 5th August 2022

Source: www.localgovernmentlawyer.co.uk

Case Comment: Hastings v Finsbury Orthopaedics Ltd and Anor [2022] UKSC 19 – UKSC Blog

‘In this post, Sophie Malley, a trainee solicitor at CMS, comments on the decision in Hastings v Finsbury Orthopaedics Ltd and Anor [2022] UKSC 19, the first product liability case to reach the UK Supreme Court.’

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UKSC Blog, 1st August 2022

Source: ukscblog.com