Latest News

Are You Ready for the World Cup?

The 2018 Fédération Internationale de Football Association (FIFA) World Cup starts on Thursday 14 June with a match between Russia and Saudi Arabia. England’s first match, against Tunisia, is on Monday 18 June at 7:00pm. Employers should...

Failure to Address Expert Report Proves Costly

When a tenant of industrial land failed to adhere to a notice to quit the premises, the landlord brought a legal action under the law of trespass for its lost rental income – £12,000 per annum. The tenant did nothing and the landlord then...

High Street Store Will Invalid, Rules Court

The dangers inherent in adopting a casual approach to one's will were starkly illustrated in a case that considered the validity of three 'templated' wills written by an elderly woman within a period of four years. The woman had three children and two...

Mental Health Awareness Week - Acas Guidance for Employers

This year, Mental Health Awareness Week (14-20 May), which is hosted by the Mental Health Foundation, is focusing on stress. Whilst not a mental health problem in itself, stress can lead to depression, anxiety and other mental health problems. A recent...

Judge Criticises Council and DWP for Usurping Attorney's Powers

When a person is not capable of looking after themselves, the Secretary of State has the power to appoint someone else to do so. A recent court case shows that failing to do so in a balanced way can have adverse consequences and saw a judge condemn the...

HMRC Reliance on Guidance Not Justified

The various VAT 'flat-rate' schemes were originally set up with the ostensible purpose of simplifying the VAT process for those using them, while being essentially revenue neutral for HM Revenue and Customs (HMRC). A recent case dealt with a situation in...

GDPR - ICO Launches Awareness Campaign for Micro-Businesses

The EU General Data Protection Regulation (GDPR) replaces the Data Protection Act 1998 and comes into force on 25 May 2018. The new law gives individuals more control over how their data is used, shared and stored and requires organisations to be more...

Supreme Court Supports Mother Who Changed Mind Over Return to Australia

Divorces where there is an international dimension often present specific issues, and a recent case involving a couple who had been living in Australia before they separated is no exception, leading ultimately to a hearing in the Supreme Court . The...

Flats Development 'No Pets' Policy Passes High Court Test

If your tenancy agreement contains a 'no pets' policy, the fact that your pet does not cause any issues for other tenants will not prevent your landlord from enforcing its removal. In a recent case, the High Court ruled that a couple had been lawfully...

Breach of Contract Claim Defeated Quickly

Some breach of contract claims are stronger than others, but even groundless cases come to court sometimes. However, with skilled legal representation, these can be identified and defeated at an early stage. In one case on point, the High Court struck out a...

Failure to Take Advice Stops Legal Action Cold

Litigating without using a qualified solicitor to assist you is strictly for the foolhardy. The point could hardly have been more clearly made than by a case in which a man who wished to have his criminal record erased from the Internet sued the wrong...

Settlement Agreements and the Date of Termination

Where there is an existing employment dispute, the communications that take place in order to reach a settlement agreement are normally subject to 'without prejudice' privilege under common law – i.e. they are inadmissible as evidence before the court...

Psychiatrist Approves Marriage for Alzheimer's Patient

Remarriages are a common source of disagreement and acrimony among family members and dementia is an increasingly prevalent issue, so it is unsurprising that when both were present, the result was a legal dispute in which the Court of Protection had to...

Who Owns the Balance on the Joint Account?

Sometimes, what seem to be quite simple questions have to be decided in court. In a recent case, the issue was who owned the money in a joint bank account when one of the account holders died. Simple question or not, it was argued all the way to the Court...

Tenants Succeed in Avoiding Insurance Charges

When tenants discovered that their landlord had bought insurance over their flats, including the structure of the building, when they had already purchased insurance cover for themselves, the resulting argument ended up in the Upper Tribunal (UT) . The...

Everyone Has a Right to Know Who Their Parents Are - DNA Test Case

In a ground-breaking decision that prioritised the rights of the living over those of the dead, the Court of Appeal has opened the way for genetic testing of DNA extracted from a sample taken from a cancer victim before his death in order to clarify the...

Son's Casual Employment Proves Expensive for Dad

One area in which problems may not be anticipated is when a family member's status as a 'genuine' employee is disputed by HM Revenue and Customs (HMRC). For any expenditure to be deductible for tax purposes, it must be 'wholly and exclusively' made for...

Words, Not Intention, Determine Meaning of Contract

When disputes arise over the meaning of a contract, it is usual for the court to look first at what the wording of the contract means and then at the commercial logic of that wording. In a recent case , the dispute essentially turned on whether two...

Planning Law - Take Advice Before You Act

The planning system is very far from straightforward and sensible landowners seek legal advice before tackling it. The point was underlined by one case in which a farmer ended up with a part-built barn and at risk of enforcement action if he completed the...

Government to Review Law to Wipe Out Trolling

The finding that more than a third of users of the Internet in the UK have been 'trolled' or been the subject of harassment or 'cyber-bullying', sometimes with severe effects on those singled out for online abuse, has led the Government to commission an...
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