Latest News

ET Should Have Considered Redeployment as Alternative to Dismissal

There are times when it is incumbent on an Employment Tribunal (ET) to consider a point of its own accord if the parties in the case have not raised it. In a recent case, a postal worker successfully argued before the Employment Appeal Tribunal (EAT) that...

Court Refuses to Set Aside Divorce Order Applied for by Mistake

While the courts have a range of powers to set aside orders, they will only exercise them in limited circumstances. In a somewhat surprising case that has attracted much comment, the High Court declined to set aside a final order of divorce that had been...

Use of Right of Way Not Unreasonable Interference

Disputes about rights of way often arise between owners of neighbouring residential properties, but can also be an issue for property developers. In a recent case, a property company successfully applied for declaratory relief that current and likely future...

Waiting Time for Grants of Probate Falls

Following concerns last year about delays in processing probate applications, recent figures from HM Courts and Tribunals Service show that waiting times for grants of probate are continuing to improve. The average time from submission of a probate...

Settlement of Proceedings Does Not Prevent Second Adjudication

When attempting to resolve a dispute, careful drafting of any agreement is essential to protect your position in the event of further argument. A recent High Court case concerned whether a settlement of adjudication enforcement proceedings prevented one of...

Late Appeal Against Tax Penalties Rejected

It is incumbent on taxpayers to make sure they fully comply with their obligations to file returns and pay any tax due. The point was illustrated by a recent case in which a taxpayer whose return had not been received by HM Revenue and Customs (HMRC) failed...

Coastguard Volunteer a 'Worker' When Performing Paid Activities

A person who performs a voluntary role may nonetheless meet the definition of a 'worker' under Section 230(3) of the Employment Rights Act 1996 , depending on the individual circumstances. Recently, the Employment Appeal Tribunal (EAT) ruled that a man who...

Varying a Statutory Will - Requirement to Notify Beneficiaries

If a person lacks the capacity to make a will for themselves, it is possible to make a statutory will for them by applying to the Court of Protection. When seeking to vary such a will, however, the Court of Protection Rules 2017 require that beneficiaries...

FTT Rejects Publishing Company's R&D Claim

Companies engaged in projects that qualify as research and development (R&D) can claim significant Corporation Tax deductions on qualifying expenditure. However, the rules on what qualifies as R&D are comprehensive and it will be necessary to show...

Changes to Tipping Laws Delayed Until October

The Employment (Allocation of Tips) Act 2023 , which amends the Employment Rights Act 1996 , was previously scheduled to come fully into force on 1 July 2024, but this has now been delayed until 1 October. The Act requires employers to pass on all tips and...

Tenants Succeed in Rent Repayment Application

Tenants of poorly maintained properties are not powerless and have the ability to apply for rent repayment orders where issues with the property amount to offences committed by the landlord. The First-tier Tribunal (FTT) recently ordered the landlord of an...

Competitor's Advertising of Pet Products Implied Similar Quality

Comparative advertising, where a product is advertised in a way that references a competitor's product, is only permitted subject to conditions laid down in Regulation 4 of the Business Protection from Misleading Marketing Regulations 2008 . In a recent...

Award That Requires Borrowing Made Into Court Order

Disagreements between separating couples all too often result in litigation that substantially reduces the assets available to them, as was illustrated by a case that recently reached the High Court. At issue was whether awards made by arbitrators in...

Inheritance Disputes - Costs Risks Can Be Reduced

Arguments about what someone promised before their death can lead to significant legal costs. However, if faced with a claim against the estate, there may be steps the beneficiaries or executors can take to reduce the risks, as a recent High Court case...

Landlord Counts Cost of Obstructing Collective Enfranchisement

The Leasehold Reform, Housing and Urban Development Act 1993 gives leaseholders the right to buy the freehold of their properties in certain circumstances, a process known as collective enfranchisement. While landlords may not welcome leaseholders...

Share Rounding Error Does Not Prevent CGT Relief

There are often very specific rules that must be complied with in order to claim tax reliefs, but if a small mistake arises, the courts may be able to provide assistance. In a recent case, the First-tier Tribunal (FTT) found that an investor was entitled to...

Wife Entitled to Maintenance Until Sale of Family Home

When divorcing couples disagree on how assets should be divided, the courts will seek to arrive at a fair outcome for both parties. In deciding how the proceeds of sale of a former couple's home should be apportioned, the Family Court agreed with the wife...

Equal Pay Claims - EAT Reconsiders Material Factor Defence

An employer will be able to defeat an equal pay claim under the Equality Act 2010 if it can show that the difference in pay is due to a 'material factor' other than the employee's sex. The Employment Appeal Tribunal (EAT) recently shed light on what is...

Breach of Warranty Claim Can Go to Trial

After a company has been purchased, any allegations that the seller is in breach of warranties given to the purchaser are likely to require careful determination. That point was illustrated recently when the High Court refused a businessman's application to...

Removal of Guttering Leads to Costly Court Battle

Disagreements between neighbours over where the boundary between their properties lies can ultimately lead to litigation costs far exceeding the value of the land in question. In a widely reported case, the removal of guttering that allegedly overhung a...
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