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England and Wales Case Law

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Tax

The Commissioners for HMRC v British Airways PLC

The Upper Tribunal dismissed HMRC’s appeal, holding that Heathrow accommodation on back-to-back rotations was deductible under section 337 ITEPA 2003.

  • Deductibility of accommodation costs
  • Travel expenses
  • Benefits in kind
  • Employment duties
  • Back-to-back flight rotations
  • Home base accommodation
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Tax law

A Nurse v The Commissioners for HMRC

A tribunal upheld HMRC discovery assessments and a closure notice over unlawful home-to-work travel claims, but reduced all penalties to nil because of special circumstances.

  • Employment income
  • Travel expenses
  • Discovery assessments
  • Closure notice
  • Penalties for incorrect returns
  • Careless conduct
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Tax law

Victor Michael v The Commissioners for HMRC

Southport hospital was the appellant's permanent workplace as it was the sole premises attended for all or almost all relevant periods; travel expenses were ordinary commuting and not deductible; non-travel expenses did not meet the statutory requirements for deduction except those allowed by HMRC; prior HMRC acceptance of expenses does not create a precedent or legitimate expectation.

  • Income tax
  • Deductibility of employment expenses
  • Travel expenses
  • Permanent vs temporary workplace
  • Public law jurisdiction
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Criminal law

R v Challenor

The Costs Judge has no jurisdiction to entertain an appeal regarding a litigator's claim for travel expenses as a disbursement under the Criminal Legal Aid (Remuneration) Regulations 2013, as such claims are not included in the categories of claim subject to appeal under Regulations 28 and 29.

  • Legal aid
  • Remuneration of solicitors
  • Jurisdiction of costs judge
  • Travel expenses
  • Disbursements
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Tax law

Dr Harry Nduka v The Commissioners for HMRC

Only the professional subscription to the Royal College of Obstetricians and Gynaecologists (£499) was allowable as a deduction from employment income; all other claimed expenses were not wholly, exclusively, and necessarily incurred in the performance of employment duties and/or were not sufficiently evidenced, and thus not deductible under the relevant statutory provisions.

  • Employment expenses
  • Income tax
  • Deductibility of expenses
  • Professional subscriptions
  • Travel expenses
  • Accommodation costs
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Clinical negligence [2023] EWHC 2794 (KB)

Mann v Towarzystwo Ubezpieczen Inter Polska SA & Ors

Mann v Towarzystwo Ubezpieczen Inter Polska SA & Ors [2023] EWHC 2794 (KB) (09 November 2023)

High Court damages assessment arising from negligent cosmetic surgery in Poland. The claimant recovered general damages, care, travel, and surgery costs as wasted expenditure.

  • Damages assessment
  • Negligent surgery
  • Jurisdiction under brussels regulation
  • Direct action against insurer
  • Wasted expenditure
  • Non-facial scarring
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Tax law [2015] EWCA Civ 805

Reed Employment Plc & Ors v HM Revenue and Customs

Reed Employment Plc & Ors v HM Revenue and Customs [2015] EWCA Civ 805 (28 July 2015)

Court of Appeal held Reed’s travel allowance arrangements formed part of taxable earnings, not separate reimbursements, and dismissed the appeal.

  • Paye (pay as you earn)
  • National insurance contributions
  • Travel expenses
  • Salary sacrifice
  • Legitimate expectation
  • Contract interpretation
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Employment law [2010] EWHC 3442 (Admin)

Cordant Group Plc, R (on the application of) v Secretary of State for Business, Innovation and Skills & Anor

Cordant Group Plc, R (on the application of) v Secretary of State for Business, Innovation and Skills & Anor [2010] EWHC 3442 (Admin) (30 December 2010)

The High Court upheld changes to minimum wage rules that excluded certain travel-expense payments, rejecting challenges based on irrationality, equality duties, and EU discrimination law.

  • National minimum wage
  • Salary sacrifice schemes
  • Travel expenses
  • Public sector equality duty
  • Discrimination
  • Regulatory alignment
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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.