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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...
The Supreme Court has ruled that reforms to the way compensation for whiplash injuries is calculated do not limit the compensation payable for non-whiplash injuries suffered in the same accident. The Civil Liability Act 2018 and the Whiplash Injury...
Influencers on social media, and anyone involved in advertising and promoting products, would be well advised to make sure they are aware of their legal responsibilities. The Financial Conduct Authority (FCA) has published guidance on financial promotions...
The Law Commission has proposed draft legislation regarding a third category of personal property into which crypto-tokens and other assets could fall. This is the latest stage in the Commission's work on law reform that is designed to ensure the law can...
Cross-jurisdictional disputes surrounding child custody can be complex but, in cutting through the complexities, the courts will always focus on the welfare of the children involved, as was evidenced in a High Court case centred on a child abduction . A...
A new report commissioned by the Department for Work and Pensions (DWP) has issued a list of recommendations aimed at removing employment barriers for autistic people. The Buckland Review of Autism Employment was commissioned after figures from the DWP...
Even when liability has been determined in personal injury claims, further disputes can remain in regard to the nature of compensation payments. In these instances, expert legal advice can prove invaluable. In a case on point, arguments arose as to how...
A case recently decided by the First-tier Tribunal (FTT) serves as a reminder to tenants to check the terms of their leases and to monitor the service charges they are asked to pay. The tenant of a ground-floor flat sought a determination of liability to...
Trade mark disputes often revolve around the perceived level of confusion that products might trigger amongst consumers. This was a key element in a case involving a long-established cider producer and a well-known retailer . Launching proceedings at the...
A High Court challenge brought by Marks & Spencer (M&S) has resulted in victory for the retailer. M&S contested a decision by the Secretary of State for Levelling Up, Housing and Communities to turn down planning permission for the...
The UK government is currently analysing feedback from a public consultation that could have an impact on access to personal injury compensation for military veterans and their families. 'Supporting Our Veterans: A Consultation' called on UK veterans and...
Unfortunately, will disputes can sometimes be drawn out long after the passing of the person who bequeathed their assets. This was so in a contentious probate battle which progressed to the Court of Appeal after a High Court judgment was challenged. The...
The UK government has launched consultations on the reintroduction of fees for claimants who want to bring a claim in the Employment Tribunal (ET) and appellants bringing an appeal in the Employment Appeal Tribunal (EAT). The proposed fees would apply to...
Personal injury matters often involve disputes regarding levels of risk and whether or not they were willingly taken by the claimant. This issue played a part in a case relating to an injury a man sustained during a game of football. During the course of...
The division of matrimonial assets is often the cause of protracted legal proceedings, where parties differ on what is due to whom. In a recent Family Court case , the question of whether or not a £2 million diamond formed part of such assets was the...
Following changes announced in the UK's Spring Budget Statement, the VAT registration threshold for small businesses is set to be increased. Secondary legislation will amend the Value Added Tax Act 1994 to increase the VAT registration and deregistration...
The Ministry of Justice has announced the appointment of an expert panel, who will consult with the Lord Chancellor on the ongoing review of the Personal Injury Discount Rate (PIDR). The PIDR helps to ensure that claimants receive full damages, including...
New legislation aimed at stamping out unfair practices and promoting competition in digital markets is set to come into effect later this year, after moving to committee stage in the House of Lords. The Digital Markets, Competition and Consumers Bill, which...
The impact of witnessing the sudden death of a loved one can never be underestimated, and in such instances people may be compelled to seek legal redress if they feel the death has been caused by another. A Supreme Court ruling has highlighted, however, how...
Failing to comply with court orders to bring children back to the UK, in instances where one parent has taken them abroad without the permission of the other, can come at a heavy cost. This point was underlined in a recent contempt hearing at the High Court...
The likelihood of 'actual confusion' occurring between two trade marks was put under the spotlight recently in a case coming before the High Court . The case centred on two pet insurers. The claimant alleged that their registered trade mark –...
Failing to take appropriate care when it comes to the mental health of employees can not only result in falling foul of employment law; it also comes with a risk of personal injury being inflicted. This was evidenced in an Employment Tribunal (ET) case...
Reducing asbestos exposure in the workplace is a major thrust of a new awareness campaign launched by the Health and Safety Executive (HSE). Asbestos: Your Duty aims to improve understanding of what the legal duty to manage asbestos involves. Asbestos...
The ripple effect of fraudulent personal injury claims continues to be felt by many members of society, as insurance premiums are driven up and genuine claimants pay the price. It is no surprise, then, that the courts take a dim view of fraudulent 'cash for...
The concept of unlawful eviction may bring to mind a picture of a malign landlord changing the locks and throwing a vulnerable tenant onto the street. However, a case in which a serving prisoner's protected tenancy was wrongfully terminated during his...
Misdescribing goods consigned to the UK with a view to evading import duties is a very serious matter. An American company trading in second-hand luxury watches found that out to its cost when five Rolex time pieces, valued at $59,000, were seized at...
The government is expected to report back soon on findings from a public consultation regarding a proposed licensing scheme for non-surgical cosmetic procedures in England. The government brought forward an amendment to the Health and Care Act 2022 which...
Divorce proceedings are rarely cut and dry, especially where the passage of time adds complexity to matters. This was certainly so in a recent case that required a Family Court judge to rule on the validity of a decree nisi . The case centred on the...
The damaging impact of air pollution on public health has long been recognised, with poor air quality said to be the largest environmental risk to public health in the UK. Despite evidence of long-term exposure to air pollution causing a variety of chronic...
A legal amendment that was made during the COVID-19 pandemic allowing the witnessing of wills to take place via videoconferencing has officially expired. As of 31 January 2024, the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order...
Where commercial agreements have been operating for many years, one party or another may well feel that they have become hopelessly out of date and unfit for purpose. However, as a High Court ruling showed , even very old bargains will be upheld if they are...
Wherever possible, the courts will do what they can to support contact between parents and children but, in some instances, that contact comes with conditions attached. The nature of such conditions was the cause of contention in recent appeal proceedings...
In a world first, the UK's Intellectual Property Office (IPO) has published a Code of Practice on Transparency in Music Streaming. The voluntary Code has been developed and agreed by 12 music industry bodies representing music creators, record labels,...
Personal injury claims brought by 114 firefighters who attended the Grenfell Tower fire have been settled for £20 million in the High Court. The claims were lodged for personal injury and loss caused by alleged negligence and breach of statutory duty....
Every householder should understand the dire risks involved in opening their doors to those promising to carry out cut-price building work. A Court of Appeal decision provided distressing examples of almost the worst that can happen . A householder...
As the employment landscape continues to shift in the post-pandemic era, employees and employers can find themselves at odds when it comes to expectations of flexible and remote working. The issue was brought to light at Employment Tribunal (ET) proceedings...
The Ministry of Justice (MoJ) has launched a consultation on the storage and retention of original will documents by HM Courts and Tribunals Service (HMCTS). The consultation is intended as a means to challenge the current system of will storage and look at...
Reducing asbestos exposure in the workplace is a major thrust of a new awareness campaign launched by the Health & Safety Executive (HSE). Asbestos: Your Duty aims to improve understanding of what the legal duty to manage asbestos involves. Asbestos...
New post-Brexit border controls introduced by the government have now come into effect for animals, plants and plant products imported to Great Britain from the EU. The controls – known as the Border Target Operating Model – apply to products...
The Courts and Tribunals Judiciary has announced the extension of a groundbreaking Family Court reporting pilot. The Transparency Implementation Group Reporting Pilot is being extended to 16 more courts across the country, after an initial run at the family...
Even in long-term or married relationships, couples very often operate separate bank accounts and keep their personal finances private from one another. However, as a case concerning the High Income Child Benefit Charge (HICBC) showed , such confidentiality...
Financial institutions are entitled to expect their staff to display a high level of probity. An Employment Tribunal (ET) made that point in denying compensation to a bank employee despite having found that his dismissal was unfair ( Johnson v Santander UK...
In recent years, a spotlight has been placed on the risk of suffering brain injury as a result of concussions caused by contact sports. The matter has now reached the High Court, after a landmark hearing saw more than 200 rugby players apply for a group...
One of the positive effects of the green revolution is that biodiversity is now a vital factor in many planning decisions. As a High Court case showed , however, it is perfectly possible for an otherwise inappropriate commercial or industrial development to...
Many grieving families have sadly been torn apart by a loved one's failure to make a professionally drafted will. Exactly that happened in a High Court case concerning two brothers who fell out bitterly over which of them should take charge of...
In a ruling of particular importance to the motor sales industry, the reasonableness of exclusion clauses in hire purchase contracts which seek to avoid liability in respect of goods that are not of satisfactory quality has been thrown into doubt by a Court...
The general public places enormous trust in the medical profession, a reliance that is rarely misplaced. Where incidences of clinical negligence occur, however, specialist lawyers can prove invaluable, as was evidenced in a claim centring around the issue of...
Loving parents often allow their adult children to remain living in the family home for as long as they wish, in the expectation that they will, in due course, fly the nest. In a case that will ring a bell with thousands of families, the High Court...
A fair redundancy process requires consultation of affected employees at a formative stage when there is at least the potential for them to influence the outcome. The Employment Appeal Tribunal (EAT) succinctly made that point in finding that a recruitment...
Delays that occur within the UK's immigration system can have severe consequences for those being processed, as a recent case that sparked a personal injury claim showed. The claimant, a Nigerian national, had come to the attention of authorities in 2006...
Parents have a right to name their children and, in modern Britain, the options open to them are almost limitless. However, as a High Court ruling showed , there are rare occasions when a parental choice of forename may conflict with a child's welfare. The...
Fire is an ever-present threat to occupiers of commercial property and, all too often, they only discover after the ash has settled that they are under-insured. In one such case, however, the High Court came to the aid of a gifts retailer which lost...
The Royal Society for the Prevention of Accidents (RoSPA) has called for the government to commit to publishing a new road safety strategy for England, in the light of recent statistics that point to 'a dramatic lack of UK road safety progress over the last...
Despite rigorous health and safety improvements over the years, industrial accidents are still not as rare as they could be. However, as a High Court case showed, it is a personal injury lawyer's mission in life to expose negligence and ensure that victims...
Where one person unlawfully kills another, the killer usually forfeits their right to inherit any part of the victim's property. As a High Court ruling in an exceptionally sad case showed , however, that general rule may be tempered by compassion in cases...
With a view to generating new client introductions, many public-facing businesses operate so-called 'refer a friend' schemes. In an important decision, the First-tier Tribunal (FTT) pondered the consequences of such arrangements in terms of VAT . An energy...
Anyone seeking compensation after having their holiday ruined by illness would be well advised to gather as much evidence as possible in support of their claim. A case that went all the way to the Supreme Court indicates that such evidence will normally be...
If you have been mis-sold a financial product, any delay in seeking legal advice may jeopardise your right to compensation – but what if facts on which you might found your case have been deliberately concealed from you? The Supreme Court answered...
Most personal injury claims are entirely genuine, but there will always be individuals who seek to exploit opportunities to acquire compensation by dishonest means. As was shown by a recent High Court case, however, they do so at risk of serious sanction. ...
Stress, depression and anxiety account for a large proportion of work-related illnesses experienced in Great Britain, according to the latest statistics from the Health and Safety Executive (HSE). Annual statistics on work-related ill health and workplace...
Having your will drafted by a professional involves only modest expense and has the great advantage of reducing the risk of your bequests being successfully challenged after you are gone. In a case on point, the High Court gave full legal effect to a...
Any proposal to make business use of a purpose-built residential property is likely to draw objections. However, as a case concerning the planned utilisation of an urban dwelling as a privately run home for children in care showed , neighbours' concerns,...
The Food Standards Agency (FSA) is urging the government to make it compulsory for restaurants to print allergy information on menus, in a bid to better inform consumers and limit the risk of extreme allergic reactions. There is currently no legal...
In the realm of social housing, there are few more controversial issues than a child's entitlement to succeed to the secure tenancy of a parent on the latter's death. As a Court of Appeal ruling showed , however, succession rights may quite easily be...
Employment bonuses are commonly awarded on the basis that they must be repaid if recipients leave their jobs within a given period of time. In an important ruling, the High Court considered whether such clawback arrangements are capable of amounting to an...
Serious injury or death in childbirth is thankfully a rare event nowadays. However, as a High Court case in which a mother received more than £5.5 million in damages showed, having a child can never be entirely free from risk. Shortly after her...
The end of a relationship will often have important tax implications which might only be apparent to a trained professional. That was certainly so in the case of a woman who, following the collapse of her marriage, was saddled with a substantial Capital...
Tourists or overseas workers who suffer accidents in the UK may feel that they are a long way from home, but they can be confident that English lawyers will pursue their damages claims with professionalism and vigour. That was certainly so in the case of a...
Making a will when your death is imminent is almost never a good idea and is often a positive invitation to dispute between your loved ones after you are gone. In a case on point, the first salvo in a tragic inheritance dispute was fired even before the...
