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13 June 2019
Issue: 7844 / Categories: Case law , In Court , Law digest
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Weekly law digests

Capital gains tax

R (on the application of Haworth) v Revenue and Customs Commissioners [2019] EWCA Civ 747, [2019] All ER (D) 02 (Jun)

In applying its power to give a follower and accelerated payment notice to the claimant taxpayer, the defendant Revenue and Customs Commissioners had misdirected itself by placing more weight on the decision in Re the Trevor Smallwood Trust; Smallwood and another v Revenue and Customs Commissioners([2010] All ER (D) 99 (Jul)) than it bore. Accordingly, the Court of Appeal, Civil Division, allowed the claimant’s appeal against the decision to dismiss his application for judicial review of the notices.

Conflict of laws

BNP Paribas SA v Trattamento Rifiuti Metropolitani SPA [2019] EWCA Civ 768, [2019] All ER (D) 01 (Jun)

The judge had been correct to find that, on the issue of competing jurisdiction clauses contained in contractual documentation between the parties, the respondent had much the better argument that its claim against the appellant should be heard by the English courts, not the Italian courts. Accordingly, the Court

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MOVERS & SHAKERS

Fieldfisher—Will Sharp

Fieldfisher—Will Sharp

Fieldfisher boosts structured finance practice with appointment of Will Sharp

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke grows its life sciences team with new partner hires

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal expands corporate team with twonew appointments

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
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
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