‘Commercial court judges found “neither side had covered itself in glory” in the latest judgment in Merricks v Mastercard Incorporated and Ors.’
Law Society's Gazette, 5th February 2023
Source: www.lawgazette.co.uk
‘In this post, Neal Chandru, an Associate in the Tax team at CMS, comments on the case of DCM (Optical Holdings) Ltd (“DCM”) v Commissioners for his Majesty’s Revenue and Customs (“HMRC”) [2022] UKSC 26 – handed down on 12 October 2022.’
UKSC Blog, 23rd January 2023
Source: ukscblog.com
‘Discrimination law is a complex and constantly evolving area of practice. Cases this year have provided clarification, enforcement and development of the legal principles underpinning claims under the Equality Act 2010 (“EqA”).’
3PB, 13th December 2022
Source: www.3pb.co.uk
‘The Solicitors Regulation Authority (SRA) can enforce a £15,000 costs order against a struck-off solicitor more than 12 years after it was made, the Solicitors Disciplinary Tribunal (SDT) has ruled.’
Legal Futures, 6th January 2023
Source: www.legalfutures.co.uk
‘The High Court has ruled that a costs bill can be challenged after the one-year time limit for requesting detailed assessment. In Menzies v Oakwood Solicitors, Mr Justice Bourne said Leeds firm Oakwood Solicitors had not made clear to a former client the procedure for objecting to the deduction of costs from his damages. Payment was therefore not effected by a settlement of account and a challenge could still be made.’
Law Society's Gazette, 16th December 2022
Source: www.lawgazette.co.uk
‘A woman whose solicitors’ error meant she was too late to challenge her mother’s will has been given permission to bring her action out of time.’
Legal futures, 2nd December 2022
Source: www.legalfutures.co.uk
‘A woman with Down’s syndrome has lost her appeal over a law that allows abortion up until birth for a foetus with the condition.’
BBC News, 25th November 2022
Source: www.bbc.co.uk
‘Investors behind the construction of two data centres could not claim Enterprise Zone allowances (EZAs) on the expenditure they incurred because it was deemed to have been incurred under a contract entered into outside of the statutory window for claiming the allowances.’
OUT-LAW.com, 11th November 2022
Source: www.pinsentmasons.com
‘Mental health patients are being held “unlawfully” in A&Es across the country as long waits for care and beds force staff into “fudging” the law, The Independent has been told.’
The Independent, 8th November 2022
Source: www.independent.co.uk
‘Lowe v Charterhouse (2022) EW Misc 8 (CC). A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the case.’
Nearly Legal, 30th October 2022
Source: nearlylegal.co.uk
‘The UK government’s decision to grant businesses extra time to comply with post-Brexit food labelling requirements will be “cautiously welcomed” by the industry, according to one legal expert.’
OUT-LAW.com, 12th October 2022
Source: www.pinsentmasons.com
‘Online platform providers are set to face new legal duties to disclose details on user engagement with their services in the EU, with an initial deadline to report such information by the middle of February next year likely to apply, according to analysis undertaken by Out-Law.’
OUT-LAW.com, 15th September 2022
Source: www.pinsentmasons.com
‘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.’
EIN Blog, 18th August 2022
Source: www.ein.org.uk
‘The High Court has upheld a decision to throw out a negligence claim against a law firm because it was served too late – even though the court had actually lost the claim.’
Legal Futures, 8th August 2022
Source: www.legalfutures.co.uk
‘DCM is an optician that sells spectacles and provides refractive eye surgery services. Under the value added tax regime, it makes both taxable supplies of goods and exempt supplies of medical services. The dual nature of its supplies creates difficulties in calculating the amount of VAT chargeable on its supplies and input tax recoverable on its acquisitions. In fact, from at least 2000, DCM had been in dispute with HMRC over a different input tax and output tax related issue.’
UKSC Blog, 25th May 2022
Source: ukscblog.com
‘Claimants who missed the cut-off date for joining the VW NOx Emissions Group Litigation were refused relief from sanction in Baker & Ors v VWAG & Ors [2022] EWHC 810 (QB).’
Henderson Chambers, 9th May 2022
Source: www.hendersonchambers.co.uk
‘James Bickford Smith and James Green review the recent judgment of the Dubai International Financial Centre Court of Appeal in Abdelsalam v Expresso Telecom Group [2021] DIFC CA 011. The decision resolved uncertainty as to whether the 2019 Employment Law could render earlier-issued claims under the 2005 Law out of time, and confirmed the presumption that DIFC law should not have retrospective effect.’
Littleton Chambers, 11th May 2022
Source: littletonchambers.com
‘A civil litigator with experience of employment disputes has had an unfair dismissal claim against his former firm struck out for failing to comply with an unless order.’
Legal Futures, 12th April 2022
Source: www.legalfutures.co.uk
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