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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

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

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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