header-logo header-logo

A cautionary tale

24 March 2011 / Richard Adkinson
Issue: 7458 / Categories: Features , Discrimination , Limitation
printer mail-detail

Beware the consequences of ignoring capacity & unwittingly discriminating, says Richard Adkinson

A recent decision by HHJ Pelling QC reminds us that anti-discrimination legislation permeates all aspects of a public authority’s activities, particularly concerning litigation with those who lack capacity or are disabled (see Haworth (a bankrupt) (by the Official Solicitor her litigation friend) v Cartmel and The Commissioners for HM Revenue and Customs [2011] EWHC 36 (Ch)).

After a permanent injury to her spine, Miss Haworth suffered from severe mental illness and, as a “therapy”, looked after horses. In 2007, HMRC’s request to complete some tax returns went unanswered because Miss Haworth had a phobia of opening her post. HMRC carried out its own assessment and sent a letter threatening to distrain over £180,000 (returns filed after the bankruptcy order actually revealed no tax was due).

Her mother found the correspondence and told HMRC that the horses were kept as a therapeutic hobby, that she never opened post, could not manage her own affairs, and if she had read the distraint letter

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll