header-logo header-logo

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

A cautionary tale

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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll