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The Right to Manage (RTM) is a method by which leasehold property owners can take over the management of the building they live in. However, an RTM company is bound by the terms of leases that existed before it was set up, as demonstrated by a recent case ...
An HGV driver's unfair dismissal claim has been rejected after the Employment Tribunal (ET) found that his employment contract had already been brought to an end by his resignation ( White v Eddis Transport (Consett) Ltd ). After he was observed to have...
A rugby player has succeeded in his claim before the High Court that an opponent who collided with him during a match was liable for the severe injury he sustained. The man was participating in an amateur Rugby Union match. As the second half began, an...
Those responsible for administering an estate are generally entitled to recover the costs properly incurred in doing so from the estate. Recently, the High Court ruled on whether costs concerning a dispute over a will and an application to remove the...
In a recent intellectual property case with wider implications in terms of directors' liability , the Supreme Court ruled that two directors of a wholesaler of clothing, footwear and headgear that infringed another clothing business's trade marks were not...
A recent decision of the Court of Appeal in a big money divorce case clarified how the sharing principle should be applied and when assets are subject to it. The couple had married in 2005. The husband had had a successful career in financial services...
An elderly woman who tripped on debris from her garden wall after a motorist crashed into it has received compensation for the injuries she suffered. After the vehicle collided with the wall, the woman, who had heard the crash, went outside to see what had...
The Upper Tribunal (UT) has upheld a decision of the First-tier Tribunal (FTT) that 'Mega Marshmallows' are not confectionery and are therefore zero-rated for VAT. A wholesaler of American sweets and treats which supplied Mega Marshmallows was issued with...
A flight attendant who broke her leg in seven places after the aircraft on which she was working flew through severe turbulence has secured compensation for her injuries. The pilot told the cabin crew to resume their seats moments before the aircraft...
Those who fall victim to anonymous fraudsters may think there is nothing that can be done once their money has disappeared, but the courts have powers at their disposal which may assist. In a recent case involving bitcoin fraud , the High Court granted a...
Following recent changes to the law and a consultation last year, the Advisory, Conciliation and Arbitration Service (Acas) has updated its statutory Code of Practice on requests for flexible working, replacing the previous version published in June 2014. ...
The NHS has paid nearly £3.6 billion in damages over 11 years in settlement of negligence claims involving babies who were born with cerebral palsy or other brain injuries. Figures obtained via a freedom of information request show that, from 2012/13...
The Leasehold Reform, Housing and Urban Development Act 1993 gives qualifying leaseholders the right to join together to buy the freehold of their properties – a process known as collective enfranchisement. A recent case demonstrated that this right...
Tenants who are faced with unexpected demands in respect of repair costs would be well advised to seek legal advice. In a recent case, leaseholders of units of student accommodation successfully argued that they were not liable to pay service charges in...
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...
A steel worker has secured a substantial compensation settlement after injuries he suffered when he fell from a crane led to his leg being amputated. The man's boss had asked him to remove an access panel from the crane so that it could be repaired. To...
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...
A man who was injured crossing a road in Belgium has defeated an application by the motorist's insurer to have his claim in England stayed in favour of proceedings in Belgium. The man, who was 53 and worked as an aircraft maintenance engineer, was visiting...
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...
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...
An investigation by the Health and Safety Executive (HSE) has led to convictions for a company and its director after workers were found to have been exposed to asbestos. The HSE originally attended the company's premises following concerns about unsafe...
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...
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...
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...
A woman who was left unable to conceive after an unnecessary medical procedure has reached a settlement of her claim against the responsible NHS trust. The woman experienced bleeding after she became pregnant. She booked an ultrasound scan and was told that...
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...
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...
Police officers are preparing to bring personal injury claims after suffering hearing loss as a result of confrontations that took place during Bonfire Night celebrations in Edinburgh last year. The officers were subjected to 'unprecedented' levels of...
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 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...
It may be possible to secure interim payments to help cover expenses such as care costs until a personal injury claim is settled. However, interim payments are only available in certain circumstances, such as where the defendant admits liability to pay...
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...
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...
To succeed in a personal injury claim in court, it is necessary to show both that the other party was negligent and that the negligence was the cause of injury. In the tragic case of a young man who jumped from height onto railway tracks, the High Court was...
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...
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...
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...
When liability for a workplace accident is disputed, personal injury lawyers will fight hard to ensure that a fair settlement is reached. In a case on point, a substantial settlement of a man's personal injury claim was agreed following a five-year battle. ...
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...
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...
Anyone who has suffered serious neglect in childhood may be able to claim compensation if professionals failed in their duty to protect them. In a recent case, a woman succeeded in persuading the High Court that her claim against a local authority had a real...
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...
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...
Having your will drawn up professionally by a qualified solicitor is always a sensible precaution, especially in later life. In a recent case, the High Court ruled that a retired businessman lacked testamentary capacity when he made a will less than three...
A man has secured a damages settlement after he fell from height on his first day working at a dry dock. The man and other workers at the dry dock had been asked to sandpaper and paint river cruise boats before they returned to service. Although the workers...
The Court of Appeal has ruled on a dispute between supermarket giants Lidl and Tesco, upholding the decision of the High Court that signs used in a promotion run by Tesco amounted to trade mark infringement and passing off. In September 2020, Tesco began...
A woman who was hit by a speeding driver while crossing a road in a city centre has been awarded a seven-figure sum in damages. The vehicle was travelling at about 45 mph – 15 mph above the speed limit – when it struck her as she crossed at a...
When an asset falls in value to the point that it is almost worthless, it may be possible to make a negligible value claim under Section 24 of the Taxation of Chargeable Gains Act 1992 . The asset will then be treated as if it had been sold and immediately...
The Supreme Court has handed down its decision in a long-running case concerning whether protections against detriments short of dismissal for engaging in trade union activities are extensive enough to comply with the UK's obligations under the European...
Landlords would be well advised to ensure all records regarding their properties are kept up to date. Recently, however, the Upper Tribunal (UT) agreed with a residential landlord that she had a reasonable excuse for failing to comply with an Improvement...
Medical staff often have to choose between different treatment options, which can lead to questions being raised about their decisions if something goes wrong. However, in the tragic case of a mother-of-two who died of a stroke at the age of 42, the High...
The courts are often called upon to sanction treatment for patients whose ability to make decisions for themselves is impaired. In a recent case on point , the Court of Protection had to decide whether it was in the best interests of a man with mental...
A man who developed mesothelioma years after he was exposed to asbestos while working for a shipping company has achieved a settlement of his compensation claim. The man's work involved removing asbestos sheets from boilers, generators and pipes. He also...
Supplies between companies in the same VAT group are disregarded for VAT purposes by virtue of Section 43(1)(a) of the Value Added Tax Act 1994 . A case that recently reached the Court of Appeal concerned whether this disregard applies if the supplying...
People who are injured when riding in a vehicle driven by someone else may still be entitled to compensation even if they are partly at fault for their injuries. This was demonstrated in a recent High Court case involving a boy who was injured when he fell...
The National Minimum Wage (Amendment) Regulations 2024 came into force on 1 April and provided for the following changes to the National Living Wage (NLW) and the National Minimum Wage (NMW) rates: The NLW, which now applies to those aged 21 and over...
In law, adopted children are regarded as having been born to their adoptive parents. The Family Division of the High Court recently considered whether that fact precluded a parental order being granted under the Human Fertilisation and Embryology Act 2008...
When building owners carry out works on their property, are they liable for damage to adjoining properties that results from pre-existing structural issues? The Court of Appeal recently provided welcome clarification on that question . The owner of a...
Interim payments of damages can help meet an injured person's ongoing needs, such as care costs, before their case is settled. When deciding whether to order such payments, however, the courts will consider whether the amount claimed is likely to be covered...
When partners resign or retire from a partnership, the partnership agreement will normally govern their rights and responsibilities following their resignation. However, where the terms of their departure are not agreed, are they entitled to the value of...
A woman whose leg had to be amputated after an accident in the workplace is likely to receive substantial compensation for her injuries after her employer was successfully prosecuted by the Health and Safety Executive (HSE). The accident happened during a...
The best way to ensure your assets will be distributed as you wish is to have your will professionally drafted by a qualified solicitor. In a recent case, a challenge to the validity of an elderly man's will was dismissed by the High Court. The man had...
New guidance aimed at helping employers to understand their legal obligations relating to employees who are going through the menopause has been published by the Equality and Human Rights Commission (EHRC). The resource also provides details on the support...
Many road users will be only too aware of the increase in the number of potholes and uneven surfaces on the UK's roads. Figures released by the AA earlier this year indicate that two million incidents of damage to vehicles caused by potholes occurred in...
Custodial sentences very rarely come into play in the family courts. Where there have been repeated breaches of court orders, however, judges may have little choice but to clamp down. This was illustrated in the High Court during committal proceedings that...
At this time of year, many families are booking their summer holidays and looking forward to a break in the sun. However, holidays can turn into disasters if you have a serious case of 'travellers' tummy'. The best approach is to take sensible precautions...
When buying a property consisting of more than one residence, it may be possible to claim multiple dwellings relief (MDR) against Stamp Duty Land Tax (SDLT). However, there are certain conditions that must be met for an MDR claim to succeed, as a recent case...
Damages claims for medical negligence are often resisted on the basis that there was no breach of duty on the part of medical staff and that earlier treatment would not have improved the outcome. However, the family of a man who contracted herpes simplex...
The issue of bigamy and its potential impact on a person's ability to seek financial remedies in a divorce came under the legal spotlight recently . A husband made an application to strike out his wife's financial remedies claim on the basis that she had...
Umbrella companies across the UK will be taking note of an Upper Tribunal (UT) ruling which focused on tax-deductible expenses. An umbrella company that serviced clients in the construction industry appealed a First-tier Tribunal (FTT) decision, the FTT...
