Bairstow definition

Bairstow has the meaning set forth in Section 15.02.
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Examples of Bairstow in a sentence

  • R.S.’s parent and next friend, A.S., brings this action on her behalf.

  • They noted that it was common ground that this is an issue of fact and therefore the FTT’s decision could only be overturned on Edwards v Bairstow grounds.

  • But, as Edwards v Bairstow [1956] AC 14, Hope v Bathurst City Council (1980) 144 CLR 1 and Lewis Emanuel & Son Ltd v White (1965) 42 TC 369 show, the issue becomes one of law and not fact where the only reasonable conclusion to be drawn from the facts found or admitted is that the activities in question did or did not constitute the carrying on of a business.

  • These branches include brands such as Hamptons International, John D Wood & Co., Bairstow Eves and Bridgfords.

  • I am grateful to John Armour, Veronika Korom, Jennifer Payne and Simon Whittaker for helpful discussions and to Deborah Russell and Natasha Bairstow for their research assistance.

  • The Respondents are right to say that the appropriate, high threshold is inherent in the Bairstow test that proceedings are only regarded as abusive where they create manifest unfairness or bring the law into disrepute.

  • Where the parties to the two proceedings were not the same, “it will only be an abuse of process of the court to challenge the factual findings [in the earlier proceeding] if (i) it would be manifestly unfair to a party to the later proceedings that the same issues should be relitigated; or(ii) to permit such relitigation would bring the administration of justice into disrepute” (Secretary of State for Trade and Industry v Bairstow [2003] EWCA Civ 321 at [38]) (see Issue 3 below).

  • First, they submit that there was no Edwards v Bairstow challenge by HMRC when appealing to the UT from the findings of fact by the FTT.

  • That was an error that could be corrected applying the Edwards v Bairstow test.

  • That test (‘the Bairstow test’) was derived from the judgment of Sir Andrew Morritt V-C (with whom Potter and Hale LJJ agreed) in Secretary of State for Trade and Industry v Bairstow [2003] EWCA Civ 321, [2004] Ch 1 at [38].

Related to Bairstow

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