High Court judge allows appellant in housing case to substitute council as respondent after naming wrong authority – Local Government Lawyer

Posted February 8th, 2024 in amendments, appeals, civil procedure rules, homelessness, housing, mistake, news, pleadings by sally

‘A woman has been allowed by the High Court to amend her statutory housing appeal application after she named the wrong council on the original.’

Full Story

Local Government Lawyer, 8th February 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal: ‘Very significant obstacles to integration’ is an objective test – EIN Blog

Posted November 28th, 2023 in asylum, deportation, mistake, news, reasons, regulations by tracey

‘NC v Secretary of State for the Home Department [2023] EWCA Civ 1379 (22 November 2023). The Court of Appeal has held that the First-tier Tribunal had erred in its application of the “very significant obstacles to integration” test set out in paragraph 276ADE(1)(vi) of the Immigration Rules, as then in force, by failing to turn its attention to any evidence beyond an individual’s subjective fear of violence if they were returned to their home country. On proper analysis, the FTT should have focused on the reality of the individual’s daily life if returned; specifically, what steps she could reasonable take to avoid or mitigate her fear, such as by seeking state protection or asking for help from relatives. The appellant, “NC”, maintained that there was no error of law in the FTT’s determination, that the Upper Tribunal was itself in error in concluding that there was and that the FTT’s determination in her favour should stand. However, the SSHD maintained that the Upper Tribunal was correct to find that the FTT had made an error of law and to set aside the FTT’s determination. The focus of the appeal was on the meaning of “very significant obstacles to … integration” as those words appeared in paragraph 276ADE(1)(vi) at the material time. The appellant “NC” appealed against the Upper Tribunal’s determination that the FTT had made an error of law when it concluded that she should not be returned to St Kitts and Nevis. NC came to the UK in March 2016, aged 28. She claimed asylum in October 2016.’

Full Story

EIN Blog, 27th November 2023

Source: www.ein.org.uk

SRA told to pay solicitor £75k in costs for failed prosecution – Legal Futures

‘The Solicitors Regulation Authority (SRA) has been slapped with a £75,000 costs order after making an “essential mistake of law” in a failed prosecution of a solicitor.’

Full Story

Legal Futures, 31st August 2023

Source: www.legalfutures.co.uk

Taking risks and tax avoidance – Bhaur v Equity First Trustees (Nevis) Ltd [2023] EWCA Civ 534 – Wilberforce Chambers

Posted August 1st, 2023 in chambers articles, mistake, news, tax avoidance by sally

‘The recent case of Bhaur v Equity First Trustees (Nevis) Ltd [2023] EWCA Civ 534 provides a timely reminder of the difficulties and risks in seeking to use the equitable mistake doctrine to avoid the intended effects of a tax avoidance scheme.’

Full Story

Wilberforce Chambers, 31st July 2023

Source: www.wilberforce.co.uk

Barmouth: David Redfern guilty of bed mix-up murder – BBC News

Posted March 30th, 2023 in mistake, murder, news, violence by sally

‘A man has been found guilty of murdering a 71-year-old who mistook his home for a B&B and got into his bed.’

Full Story

BBC News, 29th March 2023

Source: www.bbc.co.uk

Incorrect precedent led to wrong ground rent advice for 115 clients – Legal Futures

‘A solicitor who gave 115 clients the wrong advice about the ground rent provisions in the leases of properties they were buying – because of an incorrect precedent – has been fined £15,000.’

Full Story

Legal Futures, 10th October 2022

Source: www.legalfutures.co.uk

60 violent and sexual offence cases wrongfully dropped in past year, BBC discovers – BBC News

‘Violent and sexual crimes are among cases wrongfully dropped by the Crown Prosecution Service in the past year.’

Full Story

BBC News, 11th October 2022

Source: www.bbc.co.uk

Election Court dismisses challenge to election result over statements in leaflet – Local Government Lawyer

Posted February 3rd, 2022 in elections, local government, mistake, news, planning by sally

‘A Labour councillor in Hartlepool has successfully defended an election petition brought by a defeated opponent who said he had been the victim of a false claim.’

Full Story

Local Government Lawyer, 3rd February 2022

Source: www.localgovernmentlawyer.co.uk

Professionals, continuing duty and limitation – Mills & Reeve

Posted June 15th, 2021 in contracts, limitations, mistake, negligence, news by sally

‘Does a professional such as a solicitor, architect or pensions adviser have a duty to revisit their work and to correct a mistake they’ve made earlier? This is an important question for any professional and can be particularly significant when a client alleges that work done many years ago was negligent.’

Full Story

Mills & Reeve, 14th June 2021

Source: www.mills-reeve.com

Firm avoids negligence penalty following out-of-time ruling – Law Society’s Gazette

Posted May 20th, 2021 in leases, limitations, mistake, negligence, news, solicitors by tracey

‘A professional negligence claim against solicitors was issued too late because the clock began ticking from when the mistake was initially made rather than when damage ensued, the Court of Appeal has ruled.’

Full Story

Law Society's Gazette, 19th May 2021

Source: www.lawgazette.co.uk

Mistaken Payments and Mistakes of Law under the Limitation Act 1980 – Hardwicke Chambers

Posted February 25th, 2021 in corporation tax, limitations, mistake, news, subsidiary companies by sally

‘The FII Group Litigation (‘FII’) was established by an Order made on 8 October 2003 with the purpose of determining common or related questions of law arising out of the tax treatment of dividends received by UK resident companies from non-resident subsidiaries. The Test Claimants’ basic allegation was that their tax treatment (under domestic legislation long-since repealed), as compared to that of wholly-resident UK companies, breached TFEU provisions on freedom of establishment and free movement of capital. The Test Claimants therefore sought repayment of tax paid insofar as it was unlawful under EU law; in some cases, dating back to the UK’s accession in 1973.’

Full Story

Hardwicke Chambers, 24th February 2021

Source: hardwicke.co.uk

Home Office wrongly charged 69 Albanians with entering Britain illegally – despite fact they did not reach UK – The Independent

Posted December 10th, 2020 in government departments, immigration, mistake, news by tracey

‘Home Office officials wrongly charged 69 people with entering the UK illegally when they had not reached the country, it has emerged.’

Full Story

The Independent, 9th December 2020

Source: www.independent.co.uk

“Unconscionable” for defendant to benefit from portal mistake – Litigation Futures

Posted August 25th, 2020 in accidents, compensation, mistake, news, personal injuries, road traffic, small claims by sally

‘The overriding objective means that defendants can be prevented from taking advantage of claimant errors to achieve lower settlements in RTA portal cases, a judge has ruled.’

Full Story

Litigation Futures, 24th August 2020

Source: www.litigationfutures.com

Judge upholds acceptance of ‘mistaken’ £0 part 36 offer – Litigation Futures

‘A claimant who issued proceedings after the defendant accepted a part 36 offer for £0 – which he said had been made by mistake – has had his claim struck out for abuse of process.’

Full Story

Litigation Futures, 7th April 2020

Source: www.litigationfutures.com

Altering the Land Register on Grounds of Mistake by Mark Diggle – Ropewalk Chambers

Posted November 19th, 2019 in land registration, mistake, news, rectification by sally

‘The starting point for the Law Commission when considering the reform of land registration was that the register should be as complete and accurate a record of information relevant to the title of a particular estate in the land as is possible1. It is generally recognized that the Land Registration Act 2002 has gone a long way to achieving this aim prompting one judge to say “… the Land Registration Act 2002, (the “2002 Act”) is not merely a scheme for registering title. It is a scheme of title by registration.”2 It is clear that in achieving that purpose the title conferred by the register should be indefeasible. However, it is accepted that no register of title can ever be wholly accurate and complete. For example, the existence of unregistered overriding interests means that the register entry of any title might not necessarily show certain incumbrances. Mistakes in the register are another example where the register entry might not completely or accurately record the information relevant to a title. Mistakes are potentially crucial because unlike unregistered overriding interests, mistakes are not necessarily easily discoverable and, at present at least, there is no time limit for altering the register as a consequence of such mistakes. This paper will examine the current law relating to mistakes in the Land Register, and will also consider the proposals for reform.’

Full Story

Ropewalk Chambers, 7th November 2019

Source: www.ropewalk.co.uk

Bailing Out Lehman Brothers? – Littleton Chambers

Posted October 31st, 2019 in contracts, interpretation, mistake, news, restitution by sally

‘Lehman Brothers International (Europe) (In Administration) v Exotix Partners LLP [2019] EWHC 2380 (Ch) is another reminder of the flexibility of contractual construction as an alternative to rectification for subjective mistakes.’

Full Story

Littleton Chambers, 1st October 2019

Source: www.littletonchambers.com

Trial collapses after woman ‘followed the crowd’ and accidentally joined the jury – Daily Telegraph

Posted September 16th, 2019 in Crown Court, juries, mistake, news, oaths by tracey

‘A crown court case collapsed after a woman “simply followed the crowd” and accidentally joined the jury.’

Full Story

Daily Telegraph, 15th September 2019

Source: www.telegraph.co.uk

What do you do when you’ve been granted planning permission by administrative error? – No. 5 Chambers

Posted August 29th, 2019 in mistake, news, planning by sally

‘In an interesting and rare case, a Revocation Order (‘the Order’) made by Thanet District Council was successfully challenged. The Order had aimed to revoke planning permission for the erection of a detached 2 storey 3 bedroom dwelling. The objector was the owner and occupier of the Order Property.’

Full Story

No. 5 Chambers, 7th August 2019

Source: www.no5.com

David Lascelles writes on important Court of Appeal decision on Rectification – Littleton Chambers

Posted August 29th, 2019 in contracts, mistake, news, rectification by sally

‘The Court of Appeal handed down judgment yesterday [2 August] in FSHC Group Holdings Ltd v Glas Trust Corporation Limited [2019] EWCA Civ 1361.’

Full Story

Littleton Chambers, 2nd August 2019

Source: www.littletonchambers.com

‘Fearful’ principal forged signatures to cover mistake – Law Society Gazette

Posted August 14th, 2019 in disciplinary procedures, forgery, mistake, news, sale of land, solicitors by michael

‘A law firm principal who claimed to be scared of losing his job if he admitted a mistake has been struck off for acting dishonestly.’

Full Story

Law Society Gazette, 12th August 2019

Source: www.lawgazette.co.uk