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England and Wales Case Law

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Immigration law

Neo Atlas Limited v The Immigration Services Commissioner

The appellant did not have 18 months valid leave to remain at the point of application and could not provide evidence as required by the Commissioner; therefore, there was no reasonable prospect of the appeal succeeding.

  • Registration requirements
  • Leave to remain
  • Right to work
  • Tribunal jurisdiction
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Health law

Avista Limited v Care Quality Commission

The Tribunal found that the Appellant had been dormant for over 12 months, had not provided evidence of imminent resumption, and that cancellation was reasonable, necessary, and proportionate under the regulatory framework.

  • Regulated activity cancellation
  • Proportionality
  • Dormancy
  • Registration requirements
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Tax law

Ashley Matthews T/A Coast & Country v The Commissioners for HMRC

The appellant breached the registration requirements by trading as an estate agency business whilst unregistered, failed to follow HMRC guidance on renewal, and did not take all reasonable steps or exercise due diligence. The penalty was correctly calculated, reduced for cooperation, and is proportionate, effective, and dissuasive. The appeal is dismissed and the penalty upheld.

  • Money laundering
  • Registration requirements
  • Civil penalties
  • Proportionality of penalties
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Family law

In the matter of Re H (A Child: s. 38(6) Assessment)

The proposed assessment at Phoenix Futures is not an assessment of the child as required by s.38(6) Children Act 1989; the main focus is the parents' rehabilitation, and any observations of the child are ancillary. Therefore, the court lacks jurisdiction to order the assessment under s.38(6).

  • Interim care order
  • Residential assessment
  • Statutory interpretation
  • Registration requirements
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Intellectual property law

Société des Produits Nestlé S.A. v Cadbury UK Limited

The High Court upheld Cadbury’s appeal for one purple colour mark and dismissed it for another, focusing on whether the descriptions were precise enough to be a valid trade mark sign.

  • Trade marks
  • Colour marks
  • Graphical representation
  • Distinctiveness
  • Registration requirements
  • Trade-marks
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Administrative law

Hassan Najafi v Registrar of Approved Driving Instructors

The Tribunal dismissed an appeal against refusal of initial ADI registration, holding that serious dishonesty and fraud convictions meant the appellant was not fit and proper.

  • Fitness and propriety
  • Registration requirements
  • Driving instructor regulation
  • Convictions and character assessment
  • Fitness-and-propriety
  • Driver-training-regulation
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Regulatory law

Mansell McTaggart Limited v Office of Fair Trading

The tribunal dismissed an appeal against a ÂŁ3,000 anti-money-laundering penalty, holding that the estate agent had to register under the 2007 Regulations.

  • Money laundering regulations
  • Registration requirements
  • Penalty imposition
  • Proportionality of penalties
  • Anti-money-laundering
  • Regulatory-penalties
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Property law [2012] EWHC 2172 (Ch)

E.ON UK Plc v Gilesports Ltd

E.ON UK Plc v Gilesports Ltd [2012] EWHC 2172 (Ch) (31 July 2012)

The High Court held that Gilesports needed consent to assign the sublease, that no unreasonable delay was shown, and that non-registration left Gilesports liable.

  • Assignment of lease
  • Consent to assignment
  • Registration requirements
  • Tenant covenants
  • Landlord and tenant (covenants) act 1995
  • Landlord tenant act 1988
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Family law

R v M

The High Court held that an Ahmahdi marriage celebrated in Pakistan was valid and must be recognised in English law, despite no separate registration in England.

  • Recognition of foreign marriage
  • Ahmahdi marriage validity
  • Registration requirements
  • Status of religious marriages
  • Recognition-of-foreign-marriage
  • Private-international-law
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Mental capacity law [2009] EWCOP 436

J, Re (Enduring Power of Attorney)

J, Re (Enduring Power of Attorney) [2009] EWCOP 436 (12 March 2009)

The Court of Protection held that Mr J’s enduring power of attorney was valid even though it appointed attorneys in the alternative or in succession.

  • Enduring power of attorney
  • Appointment of successive attorneys
  • Registration requirements
  • Interpretation of statutory forms
  • Enduring-power-of-attorney
  • Successive-attorneys
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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.