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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
  • Approved-driving-instructors
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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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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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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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Administrative-law

Andrew Jonathan Davies v The Nursing and Midwifery Council

The High Court allowed a nurse’s appeal against NMC findings, holding the panel’s reasoning and evidential approach were unfair and procedurally irregular.

  • Fitness-to-practise
  • Procedural-fairness
  • Burden-and-standard-of-proof
  • Assessment-of-evidence
  • Disciplinary-proceedings
  • Burden-of-proof
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Employment-law

Clifton Diocese v Janet Parker

The EAT held that the tribunal erred in its burden-of-proof analysis on religion or belief discrimination and harassment, but upheld unfair and wrongful dismissal findings.

  • Unfair-dismissal
  • Wrongful-dismissal
  • Religion-or-belief-discrimination
  • Burden-of-proof
  • Harassment
  • Employment-law
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Civil-procedure

E.ON UK PLC & Anor v Safe Hosts Internet LLP & Ors

The High Court held that 4ON 365 Limited proved ownership of goods seized under writs of control at Saxon House, displacing the claimants’ challenge.

  • Ownership-of-seized-goods
  • Burden-of-proof
  • Writs-of-control
  • Third-party-claims
  • Accounting-treatment-of-assets
  • Civil-enforcement
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Tax-law

Beer Express Ltd v The Commissioners for HMRC

The tribunal dismissed Beer Express Ltd’s appeal against HMRC’s refusal of R&D tax relief, finding no cogent evidence of qualifying scientific or technological uncertainty.

  • Corporation-tax
  • Research-and-development-tax-relief
  • Burden-of-proof
  • Beis-guidelines
  • Competent-professional-evidence
  • Competent-professional
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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.