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10 March 2011
Issue: 7456 / Categories: Legal News
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Bankruptcy annulled

The High Court has annulled the bankruptcy of a woman who lacked capacity and ruled that HM Revenue and Customs (HMRC) breached its duties under the Disability Discrimination Act 1995 (DDA 1995).

Nicola Haworth suffered physical injuries in an accident and suffered from chronic mental illness, including a phobia of opening mail. She bred horses as a non-money-making hobby. Following a tip-off that she was running a commercial enterprise, HMRC wrote to request tax returns and, when they did not receive any, assessed Ms Haworth as owing over £192,000 in tax.

Her benefits were stopped, she lost her horses, and HMRC obtained a bankruptcy order against her. In 2007, Ms Haworth’s mother had written to HMRC, explaining the situation.

The court held that HMRC failed to make reasonable adjustments as required under the DDA 1995 and it could have considered alternative enforcement methods, or made further contact with Ms Haworth’s mother.

Rachel Sleeman, of Five Paper, who represented Ms Haworth, says: “Public authorities should ensure they are aware of their duties under the DDA and the Equality Act 2010 when they take steps to make someone bankrupt, and must reasonably adjust their practices, policies and procedures accordingly.”
 

Issue: 7456 / Categories: Legal News
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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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