Dispute Resolution analysis: Christos Paraskevopoulos, partner at Bernitsas Law, takes a look at the recent introduction of the Greek mandatory mediation scheme, which came into force under Law 4640/2019.

Environment analysis: James Maurici KC of Landmark Chambers considers the environmental principles policy statement (EPP), published on 31 January 2023. Maurici highlights the background to the statement, its final format, and its implications for environmental protection and the government’s approach to environmental regulation under the Retained EU Law (Revocation and Reform) Bill.

Tax analysis: This case concerns a challenge to HMRC's implementation of the Foreign Account Tax Compliance Act (‘FATCA’) which requires US nationals living abroad to send personal and financial data to the IRS on a regular basis. If ultimately successful, the claim could have far-reaching implications for the global automatic exchange of tax data between tax authorities further to the Common Reporting Standard. Ms Webster was seeking a declaration that HMRC’s reporting of her UK bank accounts to the US was unlawful. Somewhat curiously Ms Webster’s litigation was funded by an anonymous third party (anonymous even to Ms Webster known only by her lawyers) which prompted much debate. The decision looks in detail at the question of whether a Claimant can refuse to reveal the identity of those funding a claim against HMRC. In rejecting Ms Webster’s application to either strike out HMRC’s defence or grant summary judgment, the High Court found that (1) HMRC’s argument (that Ms Webster’s claim was an abuse of process) had sufficient substance, reality and prospect, and (2) the funder’s identity went to the core issue of whether Ms Webster’s case was a genuine private law claim or an unregulated attack on a government department exercising statutory public functions in the public interest and therefore an abuse of process. The decision provides guidance on both the tests for applications to strike out and for summary judgment applications as well as an insight into the correct way of asserting your data protection rights against public entities. Written by Helen McGhee, partner, and Megan Durnford, associate, at Joseph Hage Aaronson LLP.

Local Government analysis: This was an appeal to the High Court in a Court of Protection matter. The appeal followed summary disposal of a contested best interests’ dispute where VT’s capacity was in question, and a medical report had been ordered by not yet provided. VT had also expressed a clear desire to return home, but her health was deteriorating. The judge allowed the appeal against summary dismissal and provided clear guidance as to when the Court of Protection should be exercising its discretion to deal with issues summarily, with the answer being rarely. The judge also commented on procedural fairness more generally, including the need to give notice to parties where the aim was to treat a directions hearing as a final one. It should not be the case that parties are being informed of such a course of action in the hours leading up to a hearing. Written by Clive Adams, partner in the social housing team at Birketts LLP.

The appellant’s notice (Form N161) should have been filed within 21 days after the decision of the lower court, unless the lower court directed a different period (Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 30.4(2)). It should then have been served not later than seven days after it was filed on each respondent and the persons referred

An applicant for entry clearance as a partner under Appendix FM intends to rely on £62,500 in cash savings for the purpose of meeting the minimum income threshold. Can these savings be held for the last six months across multiple different bank accounts, some held in the applicant’s name only and some in the joint names of the applicant and

If a person in the UK makes an application for further leave to remain before their current leave expires then section 3C of the Immigration Act 1971 (IA 1971) automatically extends their leave until they receive a final decision on their immigration application. Section 3C leave lapses if the person leaves the UK (IA 1971, s 3C(3)). For more information on section 3C leave see the Practice Note: When does permission continue—making and withdrawing applications, challenging decisions and travel. Application routes for leave to remain have validity requirements, which may be set out within the individual immigration route. General validity

We have assumed for the purposes of this Q&A that planning permission refers to land in England. Note that the position in Wales is different. Section 92 of the Town and Country Planning Act 1990 (TCPA 1990) provides that where outline planning permission is granted for development consisting in or including the carrying out of building or other operations, it is to be subject to conditions to the effect that: • any reserved matter application must be made not later than the expiration

Appeals in cases governed by the CPR are dealt with procedurally in CPR 52 and the various associated practice directions. CPR 52.4 provides that where an application for permission to appeal is made to an appeal court other than the Court of Appeal, the appeal court will determine the application on paper (CPR 52.4(1)) but, unless following the paper assessment the appeal is dismissed as being totally without merit by a High Court Judge, Designated Civil Judge or Specialist Circuit Judge (CPR 52.3), the person seeking permission may request that the decision be reconsidered at an oral hearing. For further information, see Practice Notes: Starting an appeal—destination of civil appeals and Permission to appeal—the application. The statutory

The court has the power under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) to make a declaration as to the beneficial ownership of real property. Property in England and Wales is held in two ways where that property is jointly owned. The legal ownership establishes who has paper title to the property. The legal owners will, if the property is registered, be named as the legal owners of the property at HM Land Registry. The equitable ownership of the property is not recorded,

Form C100 is the form to be used when a party seeks to commence proceedings for an order under section 8 of the Children Act 1989 (ChA 1989), a ‘section 8 order’. The orders specified in ChA 1989, s 8 are: • child arrangement orders • specific issue orders • prohibited steps order In circumstances

Background Deputies are frequently involved in the sale, purchase or leasing of properties on behalf of a protected party (P). Authority to manage property transactions is usually dealt with in the order appointing the deputy, and the court will either grant or restrict this authority in the terms of the order. Obtaining an order may take some time, and such delays can put potential property transactions at risk. See Practice Note: Property transactions involving protected persons. Proceedings for appointment of deputy Although most applications for the appointment of a deputy commence with a single application form and proceed directly to an order, proceedings are dynamic and may involve applications to the court either before the application has been made, while the application is being dealt with, or after a final order