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England and Wales Case Law

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Transport law

Mohammed Nahid Ahmed Ifthi v Registrar of Approved Driving Instructors

The First-tier Tribunal allowed an appeal against refusal of a third trainee driving instructor licence, finding the appellant had lost training time in exceptional personal circumstances.

  • Approved driving instructor trainee licence
  • Road traffic act 1988 s.129
  • Appeal by way of re-hearing
  • Burden of proof
  • Part 3 test for driving instructors
  • Approved-driving-instructor
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Transport law

Ethan Kerr v Registrar of Approved Driving Instructors

The First-tier Tribunal dismissed Ethan Kerr’s paper appeal against refusal of a third trainee driving instructor licence, confirming the Respondent’s decision.

  • Approved driving instructor registration
  • Trainee driving instructor licence
  • Appeal by way of re-hearing
  • Burden of proof
  • Part 3 driving instructor test
  • Trainee-driving-instructor-licence
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Tort

Akmal Khan & Anor v Martin Nistor & Anor

The claimants failed to prove their case on the balance of probabilities due to numerous inconsistencies, poor witness performance, and lack of corroborative evidence. The evidence did not meet the substantial burden required to prove fraud or a staged accident.

  • Personal injury
  • Road traffic accident
  • Fraudulent claims
  • Burden of proof
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Employment law

London Ambulance Service NHS Trust v I Sodola (Debarred)

The primary facts found by the Employment Tribunal could not logically support an inference that the delay in providing feedback was because of the claimant's race. The Tribunal took into account irrelevant factors, and the burden of proof did not shift to the respondent. The appeal is allowed and the finding of discrimination is set aside.

  • Race discrimination
  • Burden of proof
  • Direct discrimination
  • Section 136 equality act 2010
  • Employment promotion
  • Feedback delay
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Vat

Apricot Umbrella Limited v The Commissioners for HMRC

HMRC’s strike out application was refused because the VAT appeal still raised arguable factual disputes about output tax and input tax recovery.

  • Strike out under rule 8(3)(c)
  • Reasonable prospects of success
  • Output tax
  • Input tax
  • Burden of proof
  • Disputed questions of fact
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Employment law

M Nowak v Evtec Aluminium Ltd

The EAT dismissed Mr Nowak’s appeal against rejection of race discrimination and victimisation claims, and found no live Working Time Regulations complaint.

  • Race discrimination
  • Victimisation
  • Direct discrimination
  • Working time regulations
  • Burden of proof
  • Detriment
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Family law

T v T

There was a clear agreement and understanding between the husband and RT that the farmhouse, land, and buildings were not partnership assets. The wife failed to discharge the burden of proof to show otherwise. The mere inclusion of assets in partnership accounts does not make them partnership property. Only those assets reflected in the husband's current and capital account are partnership assets for the purposes of the financial remedy proceedings.

  • Partnership property
  • Beneficial interest
  • Financial remedies on divorce
  • Burden of proof
  • Issue estoppel
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Arbitration

Zalina Kanametova v OSG Records Management (Europe) Limited

Section 67 challenge dismissed after the court found a purported LTI agreement was not executed in October 2015 and was likely backdated, so the tribunal lacked jurisdiction.

  • Jurisdiction of arbitral tribunal
  • Validity of arbitration agreement
  • Burden of proof
  • Fraudulent backdating of contract
  • Arbitration
  • Section-67-challenge
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Arbitration [2026] EWHC 1196 (Comm)

Kanametova v OSG Records Management (Europe) Ltd

Kanametova v OSG Records Management (Europe) Ltd [2026] EWHC 1196 (Comm) (20 May 2026)

The High Court dismissed a section 67 challenge, holding the claimant had not proved an LTI agreement was executed in 2015 and that no valid arbitration agreement bound OSG.

  • Jurisdiction of arbitral tribunal
  • Validity of arbitration agreement
  • Burden of proof
  • Execution of contracts
  • Long term incentive schemes
  • Arbitration-jurisdiction
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.