Issue: December 2020/January 2021

Procedure – MCA

December 2020/January 2021 | Family

Practitioners should note the new Covid-19 updates to the government guidance about the MCA and DoLS (Coronavirus (Covid-19): looking after people who lack mental capacity). Though aimed at health and social care staff treating or caring for someone lacking capacity, it relates to (among other things) in-person visits by professionals, for example for DoLS assessments. …

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NDAs – SRA guidance

December 2020/January 2021 | Professional

On 12 November 2020 the SRA updated its guidance for solicitors on the use of NDAs. They use this term to include any form of agreement or contract, or a clause within a wider agreement or contract, under which it is agreed that certain information will be kept confidential. The guidance is relevant to all …

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Procedure – child arrangements

December 2020/January 2021 | Family

HMCTS has issued a coronavirus update relating to making C100 (child arrangements order, prohibited steps and specific issue order) applications. The online C100 form can be used both by applicants and lawyers and payment can also be made online. If there is urgency or serious safety concerns, the local court must be contacted. However, it …

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Signed for 1st class post – status

December 2020/January 2021 | Professional

The CA recently decided on what it described as ‘the narrow point of principle on appeal is whether the Royal Mail service known as “Signed For 1st Class”, which requires a signature before the item is delivered, is covered by the description “First class post (or other service which provides for delivery on the next …

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Express term prevails – even if result harsh

December 2020/January 2021 | Commercial

The CA has recently heard a case involving an equity partner of Deloitte and the interpretation of an LLP agreement. The LLP agreement conferred a power on the board of Deloitte to expel a partner by issuing a notice of retirement; the partner has a right to ask the board to reconsider this decision and …

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Procedure – domestic abuse

December 2020/January 2021 | Family

Practitioners advising and representing victims of domestic abuse will welcome guidance from the Domestic Abuse Working Group of the Family Justice Council on the need to protect such victims in remote and hybrid hearings. It has been issued to ensure the delivery of safe evidence and full participation of vulnerable parties. It is relevant to …

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VAT – demolition not a new build

December 2020/January 2021 | Tax – VAT

The FTT heard an appeal by a housebuilder against the decision of HMRC to reject his application under the DIY housebuilders scheme for a refund of over £18,000 paid in respect of VAT on goods acquired and used by him. The housebuilder incurred the VAT on goods used by him for the purpose of extensive …

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Use classes – changes

December 2020/January 2021 | Commercial

The Town and Country Planning (Use Classes Order) 1987 puts uses of land and buildings into various categories known as ‘use classes’. ‘Change of use’ can occur within the same use class or from one use class to another. Depending on the specifics of any proposed change of use, including any building work associated with …

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Deprivation of liberty – child mental health

December 2020/January 2021 | Family

This is not strictly a family ruling but one that family practitioners should be aware of. The LA had ‘inappropriately’ placed a vulnerable 16-year-old girl (G) on an adult mental health ward, not that it had much choice. Though she met the statutory criteria for secure accommodation, no suitable regulated secure placement or regulated non-secure …

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Window blinds – zero rated

December 2020/January 2021 | Tax – VAT

The FTT has heard an appeal from a property development company in relation to a 1,600 home development in Essex. The FTT had to decide whether the supply of window blinds by the appellant (in the context of its property development trade) should be zero rated for VAT, allowing the appellant to claim over £40,000 …

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