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14 November 2019
Issue: 7864 / Categories: Case law , In Court , Law digest
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Weekly law digests

Capital gains tax 

Higgins v Revenue and Customs Commissioners [2019] EWCA Civ 1860, [2019] All ER (D) 25 (Nov)

The Upper Tribunal (Tax and Chancery Chamber) had erred in finding that the appellant taxpayer’s period of ownership of an apartment had begun when he had exchanged unconditional contracts, rather than when he had taken possession, in order to determine whether the property had been his main residence for the purposes of private residence relief from capital gains tax under ss 222 and 223 of the Taxation of Chargeable Gains Act 1992. The Court of Appeal, Civil Division, held that the First-tier Tribunal (Tax Chamber) had been correct to find that the period of ownership had not begun until the taxpayer’s purchase had been completed.

Damages 

Irani v Duchon [2019] EWCA Civ 1846, [2019] All ER (D) 45 (Nov)

Following the claimant’s injuries sustained in an accident for which the defendant had admitted liability, the claimant was made redundant. In assessing damages, the judge had been entitled to find that the present case

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MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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