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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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