Category: mistake

Pitt and another v Holt and another; Futter and another v Futter and others – WLR Daily

Posted May 14th, 2013 in financial advice, law reports, mistake, Supreme Court, taxation, trusts by sally

Pitt and another v Holt and another; Futter and another v Futter and others [2013] UKSC 26; [2013] WLR (D) 172

“The court’s jurisdiction to intervene in a decision made by trustees who were acting within their power arose only if they could be shown to have acted in breach of duty. Trustees who wished to exercise a discretion which was within their powers and sought and acted on the advice of apparently competent professional advisers not in breach of duty merely because the professional advice turned out to be incorrect.”

WLR Daily, May 2013

Source: www.iclr.co.uk

Supreme Court ruling on trustee mistakes “likely to create uncertainty”, says expert – OUT-LAW.com

Posted May 13th, 2013 in appeals, fiduciary duty, financial advice, mistake, negligence, news, Supreme Court by tracey

“A Supreme Court ruling on the circumstances in which courts can set aside decisions made wrongly by trustees is ‘likely to create uncertainty’ due to the subjective nature of the test, an expert has said.”

Full story

OUT-LAW.com, 10th May 2013

Source: www.out-law.com

Futter and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent); Pitt and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent) – Supreme Court

Posted May 10th, 2013 in law reports, mistake, Supreme Court, taxation, trusts by sally

Futter and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent); Pitt and another (Appellants) v The Commissioners for Her Majesty’s Revenue and Customs (Respondent) [2013] UKSC 26 (YouTube)

Supreme Court, 9th May 2013

Source: www.youtube.com/user/UKSupremeCourt

Cost budget revisions to fix mistakes unlikely to be allowed, says judge – OUT-LAW.com

Posted April 23rd, 2013 in budgets, costs, mistake, news by sally

“Parties to civil litigation must be able to properly justify the need to make any changes to an approved costs budget, a High Court judge has warned.”

Full story

OUT-LAW.com, 22nd April 2013

Source: www.out-law.com

Space Airconditiong plc v Guy and another – WLR Daily

Posted December 20th, 2012 in appeals, judges, law reports, mistake by tracey

Space Airconditiong plc v Guy and another: [2012] EWCA Civ 1664; [2012] WLR (D) 384

“Where a judge had been informed by counsel that he had reached his decision by an obvious mistake of fact in his handed down judgment and had admitted it to be so, then, unless there was a very good reason not to do so, the judge had a duty to correct his judgment to put the record right.”

WLR Daily, 14th December 2012

Source: www.iclr.co.uk

Rape accused was victim of forensics error, regulator finds – The Guardian

Posted October 2nd, 2012 in forensic science, mistake, news, rape by sally

“A man who was wrongly charged with rape was the ‘innocent victim of an avoidable contamination’ at a private forensics laboratory, an official report concludes.”

Full story

The Guardian, 1st October 2012

Source: www.guardian.co.uk

Mistakes in one in every 15 criminal prosecution cases, report suggests – Daily Telegraph

Posted March 30th, 2012 in mistake, news, prosecutions by tracey

“An investigation into standards at the Crown Prosecution Service uncovered mistakes in one in every fifteen cases examined, with some defendants being brought to court inappropriately while others go unpunished.”

Full story

Daily Telegraph, 30th March 2012

Source: www.telegraph.co.uk

CPS prosecution errors causing distress – The Independent

Posted March 27th, 2012 in Crown Prosecution Service, mistake, news, quality assurance by sally

“Victims and witnesses are suffering as prosecutors make mistakes in more than one in 15 cases and bosses fail to spot the errors, inspectors said today.”

Full story

The Independent, 27th March 2012

Source: www.independent.co.uk

Mirror wills invalidated by signature mix-up, appeal judges rule – Law Society’s Gazette

Posted February 3rd, 2012 in married persons, mistake, news, wills by sally

“A simple mix-up when a husband and wife signed mirror wills 13 years ago means they have no value in law, the Court of Appeal ruled today. The ruling disinherits the couple’s intended heir and has left lawyers calling for a more flexible approach to probate law.”

Full story

Law Society’s Gazette, 2nd February 2012

Source: www.lawgazette.co.uk

News International lets law firm fight Rupert Murdoch’s ‘mistake’ claim – The Guardian

Posted July 21st, 2011 in interception, law firms, media, mistake, news, telecommunications by sally

“The legal firm that Rupert Murdoch accused of making a ‘major mistake’ in the News International internal investigation into phone hacking will be allowed to defend itself against allegations that it helped cover up the scandal.”

Full story

The Guardian, 20th July 2011

Source: www.guardian.co.uk

Ofqual launches official inquiry into exam blunders – Daily Telegraph

Posted July 1st, 2011 in examinations, inquiries, mistake, news by tracey

“Exam boards face being stripped of their role over blunders that affected GCSEs and A-levels sat by thousands of schoolchildren, it emerged today.”

Full story

Daily Telegraph, 1st July 2011

Source: www.telegraph.co.uk

Contract can exist through actions and not words, High Court rules – OUT-LAW.com

Posted May 23rd, 2011 in charterparties, contracts, drafting, mistake, news by sally

“The actions of two companies can lead to a binding contract being formed even if there is a mistake in the terms of the contract itself, the High Court has ruled.”

Full story

OUT-LAW.com, 23rd May 2011

Source: www.out-law.com

Ministry blunder means freed prisoner faces more jail time – The Guardian

Posted March 21st, 2011 in electronic monitoring, imprisonment, mistake, news, sentencing by sally

“A prisoner who was mistakenly released on home detention curfew (HDC) and spent four months complying with the electronic tagging order before being returned to prison, has been told he must repeat the sentence in jail.”

Full story

The Guardian, 20th March 2011

Source: www.guardian.co.uk

Bmibaby court defeat gives hope to passengers let down by flight sites – The Guardian

Posted March 7th, 2011 in airlines, compensation, internet, mistake, news by sally

“A woman who was overcharged by £1,300 on bmibaby’s website – when she was booking flights so a friend could visit his terminally ill father – has won a court victory against the budget airline.”

Full story

The Guardian, 5th March 2011

Source: www.guardian.co.uk

Baxter v Mannion – WLR Daily

Posted February 24th, 2011 in appeals, land registration, law reports, limitations, mistake by sally

Baxter v Mannion [2011] EWCA Civ 120; [2011] WLR (D) 54

“Where a registrar of the Land Registry found that a person who had been registered as the proprietor of land as adverse possessor had not in fact been in adverse possession of the land, he could exercise his power under paragraph 5(a) of Schedule 4 to the Land Registration Act 2002 to alter the register for the purpose of correcting a mistake, so as to restore the original proprietor.”

WLR Daily, 23rd February 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Child Poverty Action Group) v Secretary of State for Work and Pensions – WLR Daily

Posted December 10th, 2010 in benefits, law reports, mistake, restitution by sally

R (Child Poverty Action Group) v Secretary of State for Work and Pensions 2010 UKSC 54; [2010] WLR (D) 322

 “The only right to recover overpaid social security benefits paid according to an award was that conferred by s 71 of the Social Security Administration Act 1992 which provided an exhaustive scheme for dealing with all overpayments made pursuant to benefit awards and applied only where there had been misrepresentation or non-disclosure. The Secretary of State was not therefore entitled to seek recovery of such overpayments paid in error by way of a restitutionary claim at common law.”

WLR Daily, 9th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Benefits repayment case upheld by Supreme Court – BBC News

Posted December 9th, 2010 in benefits, mistake, news by sally

“The government has lost a legal battle to recover millions of pounds in overpaid benefits.”

Full story

BBC News, 8th December 2010

Source: www.bbc.co.uk

Essex Police admit Maria Stubbings murder case mistakes – BBC news

Posted August 20th, 2010 in domestic violence, mistake, murder, news, police, reports by sally

“A police force has admitted making mistakes in a domestic abuse and murder case, ahead of an official report.”

Full story

BBC News, 19th August 2010

Source: www.bbc.co.uk

Lockheed Martin Corpn v Willis Group Ltd – WLR Daily

Posted August 9th, 2010 in appeals, civil procedure rules, law reports, limitations, mistake, substitution by sally

Lockheed Martin Corpn v Willis Group Ltd [2010] EWCA Civ 927; [2010] WLR (D) 225

“Where a party was to be substituted on the grounds of mistake under CPR r 19.5 there was no further formal jurisdictional requirement that the mistake was not misleading to the other party or did not cause reasonable doubt as to the identity of the party intended to be sued.”

WLR Daily, 5th August 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

How to avoid losing a subsidiary by mistake: lessons from the Court of Appeal – OUT-LAW.com

Posted January 26th, 2010 in company law, mistake, news, subsidiary companies by sally

“A parent company can inadvertently lose control of its subsidiary, according to a ruling by the Court of Appeal. An expert has said that the circumstances in which this will happen are rare but that directors of group companies should mitigate the risks.”

Full story

OUT-LAW.com, 26th January 2010

Source: www.out-law.com