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Weekly law digests

04 October 2018
Issue: 7811 / Categories: Case law , Law digest , In Court
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Capital gains tax

Revenue and Customs Commissioners v Higgins [2018] UKUT 280 (TCC), [2018] All ER (D) 66 (Sep)

The First-tier Tribunal (Tax Chamber) had been wrong to find that the period of ownership, pursuant to ss 222 and 223 of the Taxation of Chargeable Gains Act 1992, could only begin when the respondent tax payer had legal title to the apartment and a legal right to occupy the apartment. Accordingly, the Upper Tribunal (Tax and Chancery Chamber) allowed the appellant Revenue and Customs Commissioners appeal in relation to the payment of capital gains tax by the tax payer on the sale of a property that had been purchased off-plan.

Coroner

R (on the application of Hambleton and others) v Coroner for the Birmingham Inquests (1974) [2018] EWCA Civ 2081, [2018] All ER (D) 62 (Sep)

The defendant coroner’s decision not to call evidence directed to identifying those who planned, planted, procured and authorised the bombs used from the scope of the inquest into the Birmingham bombings had not been unlawful in the public law

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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