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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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