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News and Cases

Judgment in The Children’s Investment Fund Foundation (UK) v HM Attorney General

Mark Mullen appeared for HM Attorney General before the Chancellor of the High Court in The Children’s Investment Fund Foundation v HM Attorney General and others [2017] EWHC 1379 (Ch) in which the claimant (‘CIFF’), a company limited by guarantee and a registered charity, sought approval of the making of a grant of $360 million to a new charity established by one of its trustees.

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Neutral sanctuary – or intimidating location? by Justin Holmes

One aspect of the decision of Charles J in ADS v DSM [2017] EWCOP 8 is causing Court of Protection practitioners a headache as explored below by Justin Holmes.

Charles J criticised the parties, and a Court of Protection visitor, for interviewing P at the house of her son, where she lived, whilst her son or members of his immediate family were elsewhere in the property. He said that in view of the allegations of undue influence in the case she should have been taken to a “neutral venue” by somebody independent of the family and interviewed there.

Practitioners are concerned, however

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Atkin Court Forms Volume 27(2) – Licensing & Gambling to Money

We are pleased to announce that Mark West contributed the section on Mines, Minerals and Quarries in the

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A sporting chance in the Court of Appeal II – article by Mark West

In this continuation of his casenotes regarding the recent judgment in Regency Villas v. Diamond Resorts by the Court of Appeal, Mark West considers (i) whether the easements could exist given that there was no obligation on the defendants to maintain the facilities (ii) whether the judge was right to allow an easement over future

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Defendant Trustee successful in BA pension scheme litigation - British Airways plc v Airways Pension Scheme Trustee Ltd [2017] EWHC 1191 (Ch)

The High Court has handed down judgment in the British Airways pension scheme litigation, dismissing BA’s claim.

The dispute arose following the Government’s announcement in 2010 that it intended to use CPI instead of RPI for increasing public sector pensions. Due to its public sector origins, this new practice applied to the Airways Pension Scheme.

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Judgment in Hope v HM Revenue and Customs [2017] EWHC 812 (Ch)

Mark Mullen appeared for HM Revenue and Customs on its application for summary judgment in a claim brought by Emma Hope, a well-known shoe designer.  By her claim, Ms Hope sought to set aside concluded proceedings, alleging fraud on the part of HMRC in those proceedings, and sought damages for misfeasance in public office, breach of statutory duty and breach of duty at common law.

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What constitutes a ‘material change’ to RPI?

Henry Day examines the decision in Thales UK Ltd v Thales Pension Trustees Ltd [2017] EWHC 666 (Ch) and considers what assistance it can offer practitioners when construing a pension scheme’s indexation and revaluation provisions.

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Nicholas Macklam successfully represents HMRC in icebreaker tax litigation

HMRC has won a further round of its long-running and complex litigation against the Icebreaker tax avoidance schemes. In Seven Individuals v HMRC [2017] UKUT 0132 (TC) the Upper Tribunal (Nugee J) dismissed the appeals of a number of individual members of the schemes against the first-instance decision

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A sporting chance in the Court of Appeal I - article by Mark West

In its recent judgment in Regency Villas v. Diamond Resorts the Court of Appeal considers a number of questions in relation to sporting and recreational facilities. Can there be an easement to use sporting or other recreational facilities? Are such rights unknown in law if the facilities can only be maintained at considerable expense?

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Edward H.Whyrow Co. Ltd v James

Howard Smith acted on behalf of the appellant in this case. The claim was an appeal by way of a re-hearing under s.10 Party Wall etc Act 1996. Surveyors had made an award directing that the Adjoining Owner should carry out remedial works and recover the cost from the Building Owner.

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