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Red Bull Wings to Victory in High Court Trade Mark Dispute

Businesses that shoulder the vast marketing effort and expense of turning their trade marks into household names can take effective legal steps to prevent competitors obtaining a free ride on their cherished reputations. Well-known energy drinks manufacturer...

Child's Birth to Same-Sex Couple Triggers Bureaucratic Tangle

No one should be surprised to hear that, when a same-sex couple have a child following lawful IVF treatment, each of them has a right to be registered as the child's legal parent. However, as a High Court case showed , whilst the law has generally kept pace...

Offering Internships? You May Have to Pay the National Minimum Wage

Employers who offer unpaid internships often feel that they are acting benevolently in giving inexperienced people a chance to learn the ropes. However, many interns have a legal right to be paid the National Minimum Wage (NMW) and, as one case showed, a...

Read This to Understand Why Professional Will Drafting Really Matters

When interpreting wills, judges focus on the actual words used and that is one good reason why professional drafting really matters. As a guideline case showed , only in the event that the wording of a will is meaningless or ambiguous will extraneous...

High Street Al Fresco Boost Via Licensing Regime Extension

A temporary pavement licensing regime that was introduced to enable al fresco dining at the height of the COVID-19 pandemic has been extended by the Government. Initially put in place via the Business and Planning Act 2020 , the measure was intended to...

Concerned Homeowner Succeeds in Blocking Neighbours' Extension Plans

There are few things more concerning than a proposal by your neighbours to extend their property in a way that may threaten the structural integrity of your home. As one case showed, however, voicing your opposition to such a proposal via the planning system...

Thinking of Setting Up a Franchise Business? Seek Professional Advice

The franchising model enables many people to achieve their ambition of setting up in business on their own account. However, as a High Court case showed , it is vital not to let your heart rule your head and such an enterprise should never be ventured...

Foot-Dragging Divorcee Pays Price for Unnecessary COVID-19 Adjournment

Some divorcees drag their feet in a misguided attempt to put off the hour when they must divide their assets with their ex-partners. However, a case involving a husband who caused costly delay when he asserted that he had COVID-19 showed that family judges...

Relationship Ended in Acrimony? A Defamation Claim May Not Be the Answer

The acrimonious end of intimate relationships is sadly often marked by the making of wounding accusations. However, as a High Court case made plain , anyone involved in such personal disputes should think long and hard before resorting to defamation...

COVID-19, Furlough and a Failure to Make Reasonable Adjustments

Many thousands of carers continued to toil under conditions of enormous pressure throughout the COVID-19 pandemic. However, an Employment Tribunal (ET) has found that a care home provider breached its duty in failing to place an extremely clinically...

Make a Professionally Drafted Will Before Time Catches Up With You

It is a sad fact that many people lose their ability to make rational decisions in old age and that is why it is so vital to make a professionally drafted will before time catches up with you. The point was powerfully made by a High Court ruling . About...

Business Difficulties? It's Unwise to Pay Your Other Creditors Before HMRC

When companies experience cashflow difficulties, stressed directors all too often prioritise trade and other creditors over HM Revenue and Customs (HMRC). As a tax tribunal ruling showed, however, such a course is almost never wise and is highly likely to...

Commercial Property Investor Succeeds in CGT Appeal

Losses incurred on the disposal of an asset can be set against future profits on other investments for Capital Gains Tax (CGT) purposes. As a First-tier Tribunal (FTT) ruling showed , however, behind that simple statement lie layers of complexity. The case...

Upper Tribunal Business Rates Ruling Marks High Street's Sad Decline

Britain's high streets have changed immeasurably in recent decades and many once proud buildings are no longer attractive to retailers. An Upper Tribunal (UT) ruling in the context of a business rates dispute reflected that sad history of decline. The...

Commercially Sensitive Conversation 'Overheard Through Flimsy Partition Wall'

In modern offices where CCTV is ubiquitous and partition walls are flimsy there is an obvious risk of commercially sensitive conversations being overheard. In a guideline decision, the High Court pondered the legal consequences of such an incident . Two...

Tweeting Lay Tribunal Member Recused From Hearing Controversial Appeal

There is nothing at all wrong with judicial office holders having strongly held social or political views. However, as one case showed, where they are expressed publicly, they may give rise to an appearance of bias in the eyes of a reasonable bystander ( ...

Requirement for Written Consent Waived in Unique Embryology Test Case

In a unique decision arising from a woman's tragic death when pregnant with twins, the High Court gave posthumous effect to her longstanding wish to have a child by granting her bereaved husband permission to make use of an embryo stored in a fertility...

Company Penalised for Filing Tax Returns 'Too Early' Wins Appeal

No one would be surprised to hear that late filing of a tax return is likely to result in a financial penalty – but what if a return is submitted too early? In addressing that novel issue, the First-tier Tribunal (FTT) identified flaws in guidance...

Provisional Damages in Asbestos Claims - High Court Breaks Fresh Legal Ground

Those in the early stages of asbestos-related illness often receive an initial award of damages on the basis that they can seek further compensation in the event that their condition deteriorates. In a ruling which broke new legal ground , the High Court...

How to Limit the Damage of Commercial Data Leaks? Consult a Solicitor

In a commercial context, information is power and it can be a crushing disadvantage if confidential data finds its way into the wrong hands. However, as a High Court case showed , there are powerful steps that specialist lawyers can take to ensure that the...
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