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26 May 2017
Issue: 7747 / Categories: Case law , Law digest , In Court
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Income tax

Jackson v Revenue and Customs Commissioners [2017] UKFTT 341 (TC), [2017] All ER (D) 103 (May)

The First-tier Tribunal (Tax Chamber) (the FTT) allowed the taxpayer’s appeal against a decision of the Revenue and Customs Commissioners to the effect that he had not had a reasonable excuse for submitting a late application for enhanced protection in respect of a lifetime allowance charge pursuant to para 12 of Sch 36 to the Finance Act 2004. The FTT held that, as required by reg 12 of the Registered Pension Schemes (Enhanced Lifetime Allowance) Regulations 2006 (SI 2006/131), the taxpayer had had a reasonable excuse for not giving the required notification on or after the relevant closing date, and had acted without unreasonable delay once he had discovered that no notification had been made on his behalf.

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NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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