Latest News

Appeal Against Service Charge Determination Succeeds

The leaseholders of a flat in a separate wing of a country house have succeeded in their appeal against a determination that they were liable to pay service charges in respect of the common parts of the house. The leaseholders had purchased the flat in...

Genetic Testing Company Fined for Failing to Protect User Data

A company that provides direct-to-consumer genetic testing services has been fined £2.31 million by the Information Commissioner's Office (ICO) for failing to implement appropriate security measures to protect the personal information of UK users. ...

Family Court Rules on Complex Financial Remedies Case

The Family Court has ruled on an application for financial remedies in a case which involved a range of assets and was characterised by animosity and dispute. The husband and wife had married in Cyprus in 2008 and subsequently lived in London. They...

Woman Solely Liable for Tax on Rental of Jointly Owned Property

The First-tier Tribunal (FTT) has rejected a woman's argument that her former husband was liable to tax on half of the income from a rental property they jointly owned. She and her husband had bought the property in 2013. In 2015 her husband went on...

ET Failed to Consider Context in Victimisation Claim, EAT Rules

The Employment Appeal Tribunal (EAT) has upheld a woman's appeal against the dismissal of her complaint of victimisation, finding that the Employment Tribunal (ET) had adopted too narrow a definition of what could constitute a protected act and had not...

Property Developer Can Claim for 'Voluntary' Remedial Work

In a decision that will be welcomed by property developers , the Supreme Court has ruled that if a developer voluntarily remedies defects in a development, there is no rule of law preventing it from seeking damages from the party responsible for the...

Court Approves Life-Sustaining Treatment in Urgent Case

In cases regarding medical treatment, judges sometimes have to make difficult decisions urgently in very sad circumstances. Recently, the Court of Protection ruled that it was in the best interests of a woman with anorexia to be fed while under general...

Mini-Poppadoms Standard-Rated for VAT, UT Confirms

The Upper Tribunal (UT) has dismissed a snack food manufacturer's appeal against a decision that bags of mini-poppadoms it produced were standard-rated for VAT as the mini-poppadoms were made from potato and were similar to crisps. Part II, Group 1 of...

Court Refuses to Strike Out Deceit Claim in Business Sale

The High Court has refused an application for summary judgment on a claim of deceit in relation to the sale of a business, or alternatively to strike out the claim. The claimant had acquired a health business from the defendants. It claimed that it had...

Woman Who Stole Daughters' £50,000 Inheritance Imprisoned

A woman who stole her daughters' inheritance has been handed a prison sentence and ordered to pay back the money. The woman's mother passed away in 2013. The woman received an inheritance of about £40,000 from her mother's house, while £50,000...

Children's Worker Succeeds in Disability Discrimination Claim

A man who works for an organisation providing community-based services to children has been awarded compensation after an Employment Tribunal (ET) found that his employer had discriminated against him due to his disability and failed to make reasonable...

Parental Order Granted in Respect of One-Year-Old Boy

The Family Division of the High Court has granted a couple's application for a parental order in respect of a boy who was born to a surrogate mother in California. The case raised an important welfare issue in that the intended parents were both in their...

Appeal Against Dismissal of Boundary Determination Fails

The Upper Tribunal (UT) has rejected a landowner's appeal against the dismissal of his application for the determination of a boundary between a strip of land he owned and the garden of a neighbouring house. He had originally owned a large house with...

Fashion Retailer Defeats Allegations of Design Infringement

A fashion retailer has successfully defended a claim of infringement of unregistered design rights brought against it by a clothing designer. The designer mainly promoted herself through social media. Her work had achieved recognition in two fashion...

Taxpayer Had Reasonable Excuse for Failing to Submit Return

A taxpayer who had completed her tax return but had not taken the final step of submitting it has successfully appealed against late filing penalties totalling £1,600 after the First-tier Tribunal (FTT) ruled that she had a reasonable excuse for...

Service Charge Reduction Set Aside on Appeal

A management company has successfully appealed against a service charge determination that resulted in a leaseholder's service charge demand being substantially reduced, on the basis that the First-tier Tribunal (FTT) had not properly explained its...

Court Refuses to Order Children's Return to Lithuania

The Family Division of the High Court has refused a mother's application for an order that her three children should be returned from England to Lithuania . The mother and father were both Lithuanian nationals who had met and begun a relationship in the...

No Transfer of Vicarious Liability Under TUPE, High Court Rules

When a transfer of a business takes place to which the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) applies, does any vicarious liability of the original employer to a third party for wrongdoing by an employee transfer to the...

Law Commission Recommendations to Modernise Wills Law

The Law Commission has published a report, Modernising Wills Law, containing its recommendations to reform the law governing wills. The recommendations are aimed at supporting testamentary freedom, protecting testators, and increasing clarity and certainty...

Restaurant Company Did Not Suppress Sales, FTT Rules

A restaurant company has partly succeeded in its appeal against VAT and Corporation Tax (CT) assessments and penalties raised by HM Revenue and Customs (HMRC), in a case which illustrates the importance of thorough record keeping. The company operated a...
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