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.’

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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.’

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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.’

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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 The Test Claimants’ basic allegation was that their tax treatment (under domestic legislation long-since repealed), as compared to that of wholly-resident UK companies, breached TFEU provisions on freedom of establishment and free movement of capital.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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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Law Society Gazette, 12th August 2019

Source: www.lawgazette.co.uk

Man circumcised in hospital mix-up gets £20k payout – BBC News

Posted August 6th, 2019 in compensation, hospitals, medical treatment, mistake, news by tracey

‘A man who was mistakenly circumcised when he went to hospital for a routine bladder procedure has been awarded £20,000 in compensation.’

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BBC News, 6th August 2019

Source: www.bbc.co.uk

Paedophile spared jail after police and prosecutor blunders – Daily Telegraph

‘A paedophile has been spared jail after a judge claimed a series of mistakes from the police and prosecutors have allowed him to walk free.’

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Daily Telegraph, 16th July 2019

Source: www.telegraph.co.uk

All is fair in love and law: Is there a duty to inform the opposing party of its mistakes? – No. 5 Chambers

Posted July 3rd, 2019 in civil procedure rules, limitations, mistake, news, service, solicitors by sally

‘The recent decision of the Court of Appeal in Woodward v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 provides an important clarification as to whether lawyers have a duty to inform the opposing party of their mistakes when conducting litigation.’

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No. 5 Chambers, 20th June 2019

Source: www.no5.com

Home Office ‘wrecked my life’ with misuse of immigration law – The Guardian

Posted February 4th, 2019 in immigration, income tax, mistake, news, taxation, terrorism by sally

‘The Home Office has been accused of inflicting irreversible damage on the life of a pharmaceutical expert by misusing a controversial clause in immigration law to try to force her out of the UK.’

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The Guardian, 2nd February 2019

Source: www.theguardian.com

Innocent people caught up in serious police investigations due to data-handling errors, watchdog finds – The Independent

Posted February 1st, 2019 in mistake, news, ombudsmen, police, professional conduct, standards, statistics by tracey

‘Innocent people were wrongly caught up in serious police investigations such as child pornography and paedophile grooming because of data-handling errors, a watchdog found.’

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The Independent, 31st January 2019

Source: www.independent.co.uk

Whether Rates Proposal Invalidated by Omission – Local Government Law

Posted January 15th, 2019 in leases, mistake, news, rates, rent by tracey

‘In Alam v Valuation Officer (2018) UKUT 266 (LC) Mr Alam is the proprietor of the restaurant. He took a lease of a Property. His agents submitted a proposal to reduce the rateable value of the Property. In their proposal they stated correctly that Mr Alam was the occupier of the Property but also stated that the Property was “owner/occupied”. The proposal was completed in that way because of a misunderstanding between Mr Alam and his agents. As a result, the agents did not include any information in response to the question “if not owner/occupied, is a rent or licence fee paid?” and, in particular, did not state the rent payable, the date it had first become payable and the date of the next rent review. All of this was information required by Regulation 6(3) of the Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2009 (“the 2009 Regulations”). The issue in Mr Alam’s appeal to the Upper Tribunal (Lands Chamber) concerned the consequence of the mis-statement of the capacity in which Mr Alam occupied the Property and the omission of any information about the rent payable. The Valuation Tribunal for England (“VTE”) found that the proposal was invalid, explaining: “… in whatever circumstances to omit the rent from the proposal was a substantial failure to comply with the Regulations. The panel was therefore persuaded that the error was so fundamental that the proposal could not in any circumstances be treated as valid.” ‘

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Local Government Law, 9th January 2019

Source: local-government-law.11kbw.com

CPS slammed over victim letter errors – BBC News

Posted November 8th, 2018 in Crown Prosecution Service, mistake, news, standards, statistics by tracey

‘Victims of crime have been sent too many letters containing spelling mistakes, wrong addresses and other errors, inspectors have found. Letters from the Crown Prosecution Service (CPS) were deemed “unsatisfactory” with more than three quarters not properly written.’

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BBC News, 8th November 2018

Source: www.bbc.co.uk