Archive for the 'abuse of process' Category

Revenue and Customs Commissioners v Cotter – WLR Daily

Revenue and Customs Commissioners v Cotter [2011] EWHC 896 (Ch); [2011] WLR (D) 137

“The court had jurisdiction to determine in collection proceedings whether a taxpayer was entitled to include in his tax return a claim for relief and so rely on it as a defence to the claim for immediate payment.”

WLR Daily, 14th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Solicitors from Hell ‘abusing court process’, judge finds – Law Society’s Gazette

“The owner of Solicitors from Hell, the website that blacklists law firms and solicitors, has been accused by a High Court judge of abusing the process of the court.”

Full story

Law Society’s Gazette, 1st April 2011

Source: www.lawgazette.co.uk

Police ‘witch hunt’ criticised as former school master is cleared of abuse – The Independent

“The case against a former approved school housemaster accused of sexual abuse was thrown out by a judge today – amid stinging criticism of police investigators.”

Full story

The Independent, 24th September 2010

Source: www.independent.co.uk

Regina v R (L) – WLR Daily

Regina v R (L) [2010] EWCA Crim 924; [2010] WLR (D) 126

“Where a defendant was charged with offences relating to indecent images of children, arrangements to provide his lawyers with copies of those images for the sole purpose of discharging their professional responsibilities to the defendant, and the acceptance by them of access to the material for that purpose, could not in any circumstances be regarded as criminal. Where the Crown had possession of such material it had to propose satisfactory arrangements to enable the defendant to have confidential, private discussions of the material with his lawyers, unsupervised and unobserved by police officers or Crown representatives.”

WLR Daily, 18th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Appeal court upholds ruling that CPS case was abuse of process – Law Society’s Gazette

“A prosecution for possession of indecent images of a child has been stayed as an abuse of process after the Crown Prosecution Service refused to make copies of the images for the defence, claiming that to do so would lead CPS staff to commit an offence.”

Full story

Law Society’s Gazette, 20th May 2010

Source: www.lawgazette.co.uk

Recent Statutory Instruments – OPSI

The Saving Gateway Accounts Act 2009 (Commencement No. 2) Order 2010

The Capital Gains Tax (Annual Exempt Amount) Order 2010

The Working Tax Credit (Entitlement and Maximum Rate) (Amendment) Regulations 2010

The Value Added Tax (Consideration for Fuel Provided for Private Use) Order 2010

The Housing and Regeneration Act 2008 (Commencement No. 7 and Transitional and Saving Provisions) Order 2010

The Local Democracy, Economic Development and Construction Act 2009 (Commencement No. 3) Order 2010

The Constitutional Reform Act 2005 (Commencement No.12) Order 2010

The Rules of the Air (Amendment) Regulations 2010

The Inspectors of Education, Children’s Services and Skills (No. 2) Order 2010

The Electricity (Standards of Performance) Regulations 2010

The Landfill Tax (Amendment) Regulations 2010

The Registered Pension Schemes (Standard Lifetime and Annual Allowances) Order 2010

The School Support Staff Negotiating Body (Excluded Persons) Regulations 2010

The Complaints against Schools (England) Regulations 2010

The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010

The Renewables Obligation (Amendment) Order 2010

The Right to Manage (Prescribed Particulars and Forms) (England) Regulations 2010

The Motor Vehicles (International Circulation) (Amendment) Order 2010

The Air Navigation (Amendment) Order 2010

The International Criminal Court Act 2001 (Overseas Territories) (Amendment) Order 2010

The Welsh Zone (Boundaries and Transfer of Functions) Order 2010

The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010

The Protection from Tobacco (Sales from Vending Machines) (England) Regulations 2010

The Tobacco Advertising and Promotion (Display of Prices) (England) Regulations 2010

The Immigration Services Commissioner (Designated Professional Body) (Fees) Order 2010

The Police Pensions (Descriptions of Service) Order 2010

The Electronic Commerce Directive (Hatred against Persons on Religious Grounds or the Grounds of Sexual Orientation) Regulations 2010

The Service Voters’ Registration Period Order 2010

The Social Security (Claims and Payments) Amendment (No. 2) Regulations 2010

The Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order (Amendment) Order 2010

The Credit Rating Agencies Regulations 2010

The Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) Order 2010

The European Parliamentary (United Kingdom Representatives) Pensions (Amendment) Order 2010

The Value Added Tax (Increase of Registration Limits) Order 2010

The Income Tax (Manufactured Overseas Dividends) (Amendment) Regulations 2010

Source: www.opsi.gov.uk

Matalan Retail Ltd v Revenue and Customs Commissioners – WLR Daily

Matalan Retail Ltd v Revenue and Customs Commissioners [2009] EWHC 2046 (Ch); [2009] WLR (D) 283

“Where a classification for duty purposes had been allocated to imported swimwear but was then revised and corrected, the VAT & Duties Tribunal and Revenue and Customs were not precluded by the doctrines of estoppel or abuse of process from retaining the monetary difference between the correct higher rates paid and the sums which would have been due under the original classification.”

WLR Daily, 10th August 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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