Latest News
Residential landlords who neglect their legal obligations to the point of criminality can be hit with banning orders that are likely to put them out of business. In a case of importance to property professionals, the Upper Tribunal (UT) for the first time...
Even where employees have committed gross misconduct, dismissing them may be unreasonable. An Employment Tribunal (ET) made that point in the case of a store supervisor who was sacked for smoking on company premises ( Williams v Wilko Ltd ). The woman...
Every right-thinking person would agree that those guilty of fundamental dishonesty in their pursuit of personal injury claims should leave court empty-handed. As a High Court ruling showed, however, defining exactly what is meant by 'fundamental' is far...
No amount of internet research can ever replace professional legal advice. A man found that out when his reliance on flawed web content very nearly cost him the opportunity to complete his family by adopting his stepson. The man applied for an adoption...
For businesses dealing with confidential client data, malware attacks by those intent on blackmail can represent an existential disaster. However, as a High Court ruling showed, there is a great deal that the law can do to help them. A firm providing...
Clinical negligence claims involving extremely rare medical conditions can present a particular challenge. However, that did not prevent a man who fell prey to a neurological disease that only recently became known to medical science from obtaining a...
HM Revenue and Customs (HMRC) adopts a tough approach when considering whether a person who claims non-resident tax status has spent more than the permitted number of days in the UK. It certainly brooked no compromise in the case of a woman who ended up with...
Banks are contractually bound to follow their clients' instructions and are not obliged to concern themselves with the wisdom or risk of their payment decisions. The point was made in a Supreme Court decision of great importance to the financial services...
Anyone who worked in a chemistry lab or who was at school more than 50 years ago is likely to remember the ubiquitous asbestos mats on which Bunsen burners rested. In a sad case that vividly evoked the past, the High Court considered whether their presence...
It is quite common for people to get married in the knowledge that they only have a short while to live. However, as a High Court ruling underlined , such a step is often fraught with legal difficulty in terms of inheritance and should never be taken...
The COVID-19 pandemic has prompted the restructuring of numerous businesses and that can mean commercial landlords having to take severe financial haircuts. That was certainly so in the case of a once successful chain of gyms whose business was devastated...
As many parents are only too well aware, children have an unfortunate tendency to put foreign objects into their ears. The consequences can occasionally be serious and, in one case, a little boy who sustained permanent hearing loss following negligent...
A woman's financial claims against her ex-husband following their overseas divorce did not survive his death. In reaching that conclusion, the Supreme Court noted that the case had exposed a defect in the law that can only be remedied by Parliament. After...
Aesthetic treatments can transform clients' psychological wellbeing, boosting their self-esteem and confidence in their appearance – but do they amount to 'medical care' for VAT purposes? The First-tier Tribunal (FTT) addressed that issue in a...
If you suffer an accident at work that is not your fault, you can be reassured that a good personal injury lawyer will see to it that you are compensated fairly. In a case on point, a tree surgeon who was struck by a falling branch was awarded six-figure...
Even if you do not hold legal title to a plot of land, you may well be entitled to have it transferred into your name if you have been in adverse possession of it for over 10 years and you have reasonably believed throughout that it belongs to you. That is ...
Under European law, substantial undertakings operating within the EU are required to set up European Works Councils (EWCs) to facilitate employee consultation – but did EWCs previously established by UK companies survive Brexit? In an important ruling,...
Monetary compensation can never take away the unquantifiable heartbreak involved when a child suffers serious injuries at the very beginning of their life. As a High Court ruling showed, however, what it can do is provide high levels of care and support,...
People often have numerous jobs during their long working lives and that can make it extremely hard to pin down a particular workplace as the source of noise-induced deafness. That was certainly so in the case of a man who put his disabling hearing loss down...
Some people who trade online do so in the fond hope that the income they generate will fall beneath the tax authorities' radar. A tax tribunal ruling that left one such trader on the verge of bankruptcy showed how very wrong they are. On his relevant tax...
A commercial landlord may, for any number of reasons, be keen to see the back of a tenant. However, as one case showed, the question of whether a business tenancy should be renewed can in the end come down to an exercise of judicial discretion. A company's...
Motorists who believe that it is always safe to drive just below the speed limit are guilty of a fundamental misunderstanding of the Highway Code. A judge made that point in guaranteeing substantial compensation for a child who was run down and severely...
Skeletons in the corporate cupboard may dramatically reduce the value of shares but their existence must generally be fully disclosed prior to a sale. The vendor of a care home business found that out to his cost when he was ordered to pay more than...
Couples who enter into pre- or post-marital agreements with their eyes open and with the benefit of legal advice can expect to be bound by them. The High Court made that point in a so-called 'big money' divorce case in which an extremely wealthy woman's...
Treating an employee on sick leave with distrust rather than sympathy is to positively invite Employment Tribunal (ET) proceedings. That was certainly so in the case of a disabled postman who was at home, suffering from work-related stress, when he received...
There is nothing more satisfying for a clinical negligence lawyer than obtaining justice for a seriously disabled client. The point was made by the case of a woman who for years needlessly suffered the agonising pain of an undiagnosed prolapsed disc, which...
Making a valid will requires an exercise of independent decision-making, free from the undue influence of others. The High Court powerfully made that point in finding that a daughter coerced her ailing mother into bequeathing everything to her. The mother...
When a property is registered as an asset of community value (ACV) under the Localism Act 2011 the result can be a major headache for would-be developers. However, as a case concerning the future of a much-loved former golf course showed , overturning...
For businesses found liable in personal injury proceedings, the reputational damage can be every bit as serious as the financial consequences. As a case concerning a theme park operator showed, however, they are entitled to have their arguments carefully...
One good reason why professional conveyancing is always required is that lurking in the title deeds of a great many properties are clauses that may heavily restrict their development or any future use to which they can be put. One such clause came under...
Share purchase agreements (SPAs) almost always contain warranties that require vendors to disclose any potential challenges or legal difficulties facing the relevant company of which they are aware. As a High Court ruling showed, any lapse in such disclosure...
For British holidaymakers who are injured overseas, obtaining justice can prove a significant challenge. However, as the case of a woman who suffered a life-changing accident on her Spanish honeymoon showed, specialist personal injury lawyers are nothing if...
When a person goes missing without trace, the fact that their assets are left in limbo often adds to the agony suffered by their loved ones. However, as a High Court ruling in a very sad case showed , such impasses can if necessary be broken by a judicial...
High-end matchmaking agencies do far more than simply introduce lonely clients to prospective life partners. In a guideline case, however, the Court of Appeal has ruled that – at least for the purposes of VAT – their services are not equivalent...
Tax avoidance schemes are not always effective and can have serious unforeseen consequences. In a telling case on point, a man was required to pay the entirety of the Stamp Duty Land Tax (SDLT) due on a seven-figure property transaction, a bill that he would...
In many road accident cases, assessing where responsibility lies is anything but a straightforward exercise. However, this difficulty was successfully tackled in a seven-figure settlement of a catastrophically injured pedestrian's claim. The middle-aged...
Shareholders and directors commonly lend money to their companies with a view to providing working capital or otherwise assisting their businesses. However, as a Court of Appeal ruling made plain , it is vital to formally record in writing the basis on...
Judges are not expected to sit placidly on the bench, silently listening to barristers' arguments. However, as a Court of Appeal ruling in a case of critical importance to the future of two children showed , there comes a point where excessive judicial...
No matter how young they may be, qualities of courage and determination are often more evident in severely disabled people than they are in the able-bodied. That was certainly so in the case of a nine-year-old girl whose winning personality put her front and...
Included in most people's wills is a clause that has the effect of revoking all their previous wills. Such straightforward provisions are usually uncontentious but, as a guideline Court of Appeal ruling showed, they can give rise to difficulties where a...
Children who suffer sexual abuse are entitled both to see their tormentors punished by the criminal law and to damages. In a case on point, a young woman who was violently preyed upon by a charity employee received a six-figure award. When in her mid-teens,...
If you are concerned that a former employee is preparing to work for a competitor in breach of a restrictive covenant in their employment contract, enforcement of your rights may well depend on how quickly you consult a solicitor. The potential consequences...
CCTV cameras are nowadays ubiquitous in public places and can greatly ease the task of accident reconstruction experts. As a case involving a young man who was struck by a train showed, however, imperfectly positioned cameras or gaps in footage can still...
Homeless applicants for public housing have a right to expect more than unthinking and mechanistic responses from local authorities. In powerfully making that point , a judge described aspects of a council's handling of a young family's case as nothing...
Any residential landlord who lets out a property without a required licence commits a criminal offence and can expect to be hit hard in the pocket. The law is not a blunt instrument, however, and the Upper Tribunal (UT) emphasised in a guideline case that...
An individual's disabilities may have both negligent and non-negligent causes and that can pose a difficult challenge to clinical negligence lawyers. The seven-figure settlement of a partially sighted woman's claim, however, showed that such difficulties are...
It is every parent's worst nightmare to be accused of injuring their child. However, as a Family Court ruling showed , such allegations are subject to intense judicial scrutiny, which in some cases results in complete exoneration. An autistic toddler was...
In return for the privilege of being able to do business with the immeasurable benefit of limited liability, company directors must observe a range of duties and obligations that are designed to protect the public interest. A High Court ruling provided a...
It is often impossible to discern with absolute certainty the cause of road accidents that occur in the twinkling of an eye. As a case concerning a couple who were injured in the back of a taxi showed, however, judges are well versed at seeing where the...
When making your will, the general rule is that you are free to leave your assets to whomsoever you wish. However, as a High Court case concerning ownership of a thriving family business showed , such testamentary freedom may be restricted by agreements...
Where personal injury claimants live abroad, lawyers can face formidable difficulties in negotiating appropriate financial settlements. However, as was shown by the case of a 12-year-old girl whose family emigrated after she sustained catastrophic injuries...
Even if the kind of coarse language used in traditionally male-dominated workplaces was once acceptable, it certainly is not today. An Employment Tribunal (ET) made that point in awarding substantial damages to an office administrator who was harassed by her...
Even acts of generosity can lead to litigation if the basis for them is not professionally documented. That was sadly so in the case of a businessman who stepped forward to rescue close family friends from the threat of homelessness. A couple with five...
Dangerous drivers leave chaos in their wake, but it can be hard to identify them, let alone hold them legally responsible for the accidents they cause. However, in one striking case, personal injury lawyers surmounted that challenge and achieved a good...
Tenants have a right peacefully to enjoy their homes, free from harassment by their landlords. A judge succinctly made that point in awarding substantial compensation to a couple whose landlord was anxious to see the back of them so he could refurbish and...
The difference between a supply of services and facilities and a supply relating to an interest in land is important because only the latter is exempt from VAT. A tax tribunal ruling, however, showed that distinguishing one from the other is often a highly...
Direct marketing companies that take a relaxed approach to data handling have only themselves to blame if they fall foul of the law. A home improvements company on the receiving end of numerous nuisance call complaints found that out when it was hit with a...
If you believe that a loved one's death is attributable to a lack of appropriate medical care, you should consult a clinical negligence lawyer without delay. The point was made by the case of a troubled pensioner who lost his life after he accidentally...
Couples who move in together commonly believe that their shares in the property will reflect their respective financial contributions to the purchase price or mortgage. As a High Court ruling made plain, however, such assumptions are often mistaken in that...
Property vendors are nowadays routinely required to fill in lengthy information forms, giving answers to a multitude of questions that may be important to a purchaser. That task may seem mundane but, as a High Court ruling showed , it is vital to perform it...
Workplace disability discrimination claims often hinge on arguments that a disabled person was treated less favourably than a hypothetical comparator. As a guideline Employment Appeal Tribunal (EAT) decision showed, the circumstances that are imputed to such...
If you are unlawfully arrested or detained by the police, the law will see to it that you are compensated fairly. In a case on point, a window cleaner who was arrested and held in custody after a financial dispute with a customer reached boiling point was...
When married British couples separate whilst living overseas, it is quite common for competing divorce petitions to be issued both in England and abroad. A High Court ruling provided a useful illustration of the judicial approach to jurisdictional issues ...
Claims that binding contracts have been reached orally or on a shake of hands are commonly made, but are very hard to prove. A Court of Appeal ruling in the context of the drinks industry underlined the critical importance of engaging professionals to...
When making your will, you may, for one reason or another, choose to distribute your estate unevenly between your loved ones. However, as a High Court ruling showed , you are under an overriding duty to make reasonable provision for members of your family...
Some clinical negligence claims raise issues so complex that even the most eminent medical experts struggle to disentangle them. As a case involving a disabled seven-year-old boy showed, however, lawyers have a way of cutting through the morass of...
No two personal injury cases are the same and assessing the appropriate amount of damages always requires expert professional judgment. That was certainly so in the case of a young man who sustained a catastrophic brain injury when he was struck by a car in...
Those who seek the protection of the law with metaphorical dirty hands are likely to receive short shrift. An Employment Tribunal (ET) powerfully made that point in the case of a religious leader who had engaged in tax evasion. The man launched...
Making posts on social media for marketing purposes may not yield an immediate financial reward, but it is nevertheless 'work'. A tax tribunal made that point in finding that a company director who made sporadic, work-related Facebook posts during the...
A redundancy process may be genuine and necessary, yet procedurally unfair. An Employment Tribunal (ET) made that point in the case of an automotive industry worker who would have kept his job had a selection criterion not been carelessly and mistakenly...
