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

Craig Barlow & Olivia Beach succeed in judicial review of Secretary of State for the Home Department’s unreasonable delay relocating the Claimant, breaching her Section 4(2) duty – 33 Bedford Row

‘Craig Barlow and Olivia Beach, a second six pupil in Chambers, have succeeded in a judicial review challenging the Secretary of State for the Home Department’s (“SSHD”) unreasonable delay in relocating the Claimant who suffers from severe medical issues.’

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33 Bedford Row, 17th August 2022

Source: www.33bedfordrow.co.uk

How can parents minimise the impact of separation on children with SEND? – 3PB

Posted September 1st, 2022 in chambers articles, children, divorce, news, special educational needs by sally

‘Anthony Collins Solicitors’ associate solicitor Kadie Bennett and 3PB’s specialist family and education law barrister Aimee Fox look at Children Act proceedings and the considerations that parents of a child with SEND may find helpful.’

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3PB, September 2022

Source: www.3pb.co.uk

The Applicable Standard of Care in Cases Involving Medical Negligence Abroad – Ropewalk Clinical Negligence Blog

‘There is a paucity of reported decisions addressing the question of what the applicable standard of care is in cases involving negligent medical treatment carried out outside of the UK. There is considerable authority on the applicable standard of care in cases involving accidents occurring during package holidays to foreign destinations. It is a firmly established principle that the court must consider in the first instance, the local prevailing standards (in the place where the accident occurred) in determining whether there has been a breach of duty. Whilst compliance with local standards is not necessarily determinative (such as in cases where for no justifiable reason, those standards fall so far below internationally accepted or English standards that the court must look to other evidence to determine the appropriate standard); prevailing local standards is a very important signpost (for further discussion see the author’s review of the judgment in TUI v Morgan [2021] PIQR P12. Is the same approach taken by the court in cases involving negligent medical treatment performed abroad? This was an issue that was considered by Foster J in the case of Clarke v Kalecinski [2022] EWHC 488 (QB).

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Ropewalk Clinical Negligence Blog, 18th August 2022

Source: www.ropewalk.co.uk

Financial Services and Markets Act 2001 exemptions– the importance of when an agreement is entered for unregulated lenders – 33 Bedford Row

Posted August 18th, 2022 in chambers articles, deceit, estoppel, loans, mortgages, news by sally

‘This article will consider an interesting case involving deceit, when some defendants took out an unregulated loan, secured on a residential property, on the basis that the loan was wholly or predominantly for a business purpose.’

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33 Bedford Row, 11th August 2022

Source: www.33bedfordrow.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

A Claimant’s Right To Apply for Further Damages Under a PDO Passes, on Death, to Their Estate and May Be Advanced by the Executor – Ropewalk Chambers

‘On Friday 22 July 2022, Johnson J handed down judgment in Power v Bernard Hastie & Company Ltd & others [2022] EWHC 1927 (QB) in respect of an application for an order for substitution made by the executor of the deceased’s estate. The judgment provides High Court authority for the proposition that a claimant’s right to seek further damages under a PDO passes, on their death, to their estate, a finding previously made by HHJ Roberts in his judgment in Guilfoyle v North Middlesex University Hospitals NHS Trust (County Court at Central London, 4 April 2018).’

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Ropewalk Chambers, 1st August 2022

Source: www.ropewalk.co.uk

Realistic care options without magic wands: CV (A Child) (Placement Order) [2022] EWCA Civ 930 – Becket Chambers

‘This article considers the successful appeal of a first instance case in which a final placement order was made in respect of a young child with complex medical needs.’

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Becket Chambers, 10th August 2022

Source: becket-chambers.co.uk

What if it is not just my fault? A whistle stop guide to making a contribution claim – Mills & Reeve

‘In principle, a claim can be made against one responsible party for all losses suffered, even when other parties were involved (e.g. a claim against solicitors when a barrister may have also provided advice) but what if a claim is made against you and you aren’t the only one to blame?’

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Mills & Reeve, 26th July 2022

Source: www.mills-reeve.com

Goodbye greenwash! How the law is being used to force corporates to act on climate change – Mills & Reeve

‘Organisations and their leaders will increasingly face the financial and reputational consequences of climate change inaction, believes Alice Garton, director of global legal strategy at the Foundation for International Law for the Environment (FILE).’

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Mills & Reeve, 10th June 2022

Source: www.mills-reeve.com

Lessons in dishonesty – 1 Crown Office Row

Posted May 27th, 2022 in appeals, chambers articles, deceit, doctors, news, professional conduct by sally

‘Are there lessons to be learned from three recent High Court decisions concerning allegations of dishonesty? It is instructive that the cases involved the three types of appeal that can bring a disciplinary/regulatory case before the High Court.’

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1 Crown Office Row, 24th May 2022

Source: 1corqmlr.com

Experts on Trial – 4KBW

‘Chris Bryden and Georgia Whiting write in the April edition of Construction Law, examining case law surrounding the role of expert witnesses, which suggests a worrying trend towards a loosening of the established principles of how experts should behave, and are instructed.’

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4KBW, 4th May 2022

Source: www.4kbw.co.uk

In what circumstances can proprietary estoppel defeat an express declaration of trust? – Tanfield Chambers

Posted May 23rd, 2022 in appeals, chambers articles, conveyancing, estoppel, news, repossession, trespass by sally

‘A decision on whether to give permission to appeal should not ordinarily be cited unless it clearly indicates that it purports to establish a new principle or to extend the present law – so said Lord Woolf CJ in Practice Direction (Citation of Authorities) 2001 1 W.L.R. 1001. To specialist practitioners, however, permission applications remain of interest in dynamic areas such as proprietary estoppel.’

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Tanfield Chambers, 11th May 2022

Source: www.tanfieldchambers.co.uk

Proving Missing Wills: Cooper and Anor v Chapman and Anor – St John’s Buildings

Posted May 23rd, 2022 in chambers articles, news, probate, wills by sally

‘In Re the estate of Cooper, deceased (probate); Cooper (a child, by her litigation friend) and another v Chapman and others [2022] EWHC 1000 (Ch), a draft will found on the Deceased’s computer after his death could be admitted to probate as his last will in circumstances where the executed will could not be located, and the fact that it could not be located did not mean that it should be presumed to have been revoked by the Deceased.’

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St John's Buildings, May 2022

Source: stjohnsbuildings.com

The Whole Life Order: Have the Floodgates Been Opened? – Pump Court Chambers

‘Events that occurred in March 2021 instituted a widespread heated debate both domestically and internationally as a consequence of the murder of Sarah Everard at the hands of police officer Wayne Couzens. It sparked a global women’s safety movement and erosion of public confidence in police protection, alongside sparking conversations around inequality, misogyny and victim-blaming. Further, it was also a rare case of a whole life order being handed down for a single murder. Up there in the list of the most famous names in criminal history with Myra Hindley, Peter Sutcliffe and Rosemary West, now stands the name Wayne Couzens. Putting aside societal, political and media considerations regarding this sentence, can interpretation of the statute and of sentencing provisions in this case be seen as opening the floodgates?’

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Pump Court Chambers, 10th May 2022

Source: www.pumpcourtchambers.com

Court of Protection Newsletter – Spire Barristers

Posted May 23rd, 2022 in chambers articles, Court of Protection, news by sally

‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barristers, 16th May 2022

Source: spirebarristers.co.uk

First EAT consideration of a Covid-19 related dismissal – St Philips Barristers

‘In what is believed to be the first Appellate consideration of a Coronavirus related dismissal the EAT (HHJ Tayler) upheld the judgment of the Leeds Employment Tribunal (EJ Anderson) that the Claimant’s Coronavirus related absence dismissal was not automatically unfair for a health and safety reason pursuant to s100(d)-(e) of the Employment Rights Act 1996.’

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St Philips Barristers, 6th May 2022

Source: st-philips.com

Article by Tonicha Allen and Anna Chambers: No Fault Divorce, Help or Hindrance? – Park Square Barristers

Posted May 23rd, 2022 in chambers articles, divorce, families, marriage, married persons, news by sally

‘On the 6th of April 2022 to the delight of many family practitioners, the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) instigated a momentous change to divorce proceedings. No fault divorce is now a legitimate way to end a marriage.’

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Park Square Barristers, 11th May 2022

Source: www.parksquarebarristers.co.uk

Does the ‘no substantial difference’ test have to be pleaded? – Monckton Chambers

Posted May 23rd, 2022 in chambers articles, judicial review, news by sally

‘The “no substantial difference” test (“NSD Test”) has been a friend to every defendant, and the thorn in the side of every claimant, for seven years now.’

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Monckton Chambers, 9th May 2022

Source: www.monckton.com

Legal remedies for victims of investment scams: the decision in Hamblin v World First – New Square Chambers

Posted May 23rd, 2022 in assets recovery, banking, chambers articles, Commercial Court, fraud, news by sally

‘The case of Hamblin v World First 2020 EWHC 2383 (Comm), decided by His Honour Judge Pelling QC, “the Judge”, in the London Circuit Commercial Court, is topical because it represents a claim made by the victim of a scam, Mr Hamblin, to recover his losses not directly from the fraudsters as the direct beneficiaries of the scam, but from the payment service provider, here World First, the company that received the monies from Mr Hamblin into an account set up by the fraudsters, and which, acting on instructions from those fraudsters, arranged for the onward payment of those monies. No allegation of dishonesty was made against the payment service provider nor was it suggested that the payment service provider had actual knowledge of the scam.’

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New Square Chambers, 13th May 2022

Source: www.newsquarechambers.co.uk