header-logo header-logo

10 March 2011
Issue: 7456 / Categories: Legal News
printer mail-detail

Bankruptcy annulled

The High Court has annulled the bankruptcy of a woman who lacked capacity and ruled that HM Revenue and Customs (HMRC) breached its duties under the Disability Discrimination Act 1995 (DDA 1995).

Nicola Haworth suffered physical injuries in an accident and suffered from chronic mental illness, including a phobia of opening mail. She bred horses as a non-money-making hobby. Following a tip-off that she was running a commercial enterprise, HMRC wrote to request tax returns and, when they did not receive any, assessed Ms Haworth as owing over £192,000 in tax.

Her benefits were stopped, she lost her horses, and HMRC obtained a bankruptcy order against her. In 2007, Ms Haworth’s mother had written to HMRC, explaining the situation.

The court held that HMRC failed to make reasonable adjustments as required under the DDA 1995 and it could have considered alternative enforcement methods, or made further contact with Ms Haworth’s mother.

Rachel Sleeman, of Five Paper, who represented Ms Haworth, says: “Public authorities should ensure they are aware of their duties under the DDA and the Equality Act 2010 when they take steps to make someone bankrupt, and must reasonably adjust their practices, policies and procedures accordingly.”
 

Issue: 7456 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
back-to-top-scroll