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Weekly law digests

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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