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Latest News

Landlord Faces Six-Figure Bill for Notice to Quit Error

Correct service of legal documents may seem like a technicality to non-lawyers, but it is of crucial importance and should only be entrusted to professionals. In one case that resoundingly proves the point , a landlord who served a notice to quit on the...

Skulduggery in Divorce Proceedings Will Do You No Good

Resorting to skulduggery in divorce proceedings is sadly common but almost never does either side any good. That was certainly so in one case in which a man surreptitiously took documents from his ex-wife's home and sought – unsuccessfully – to...

Court Rejects Rerun Argument in Property Dispute

Problems with covenants affecting land are common and sometimes a dispute can resurface years after it seems to have been settled. In a recent instance, a landowner was successful in reopening the battle over a covenant after persuading the court it was...

Social Housing Company Not Guilty of Age Discrimination

In the context of a redundancy process, in which workers competed with one another in order to obtain one of the remaining posts, it was reasonable for the employer to expect each of them to look after their own interests. An Employment Tribunal (ET) so...

HMRC's Tough Approach to Penalty Rejected by Tribunal

Just how tough HM Revenue and Customs (HMRC) can be was illustrated by a recent case in which they imposed a penalty of £1,300 for the late filing of a tax return by a businesswoman who, as well as running her own business, was also caring for her...

Free Advice Given and No Contract? You May Be Liable

Any professional will know that there are many people who like to have free advice, and whilst this is seldom proffered in a social setting such as the pub, it is normal for friends to give one another advice. It was therefore unremarkable when a couple who...

It Was Wrong, But Whose Fault Was It?

When a person takes professional advice and a loss follows, it is normal to look for compensation through the professional's indemnity insurance policy. In order for the professional to be liable, they have to have owed the claimant a duty of care and their...

Court Rejects Will in a Crisp Packet

Unfulfilled hopes of substantial inheritance are commonplace, both in fact and fiction, but not often do they lead to such ham-fisted attempts at forgery as that shown by a disappointed widow after her husband left her just £25,000 of his...

Sleeping at Work and the National Minimum Wage

Whether or not a worker who is on call at their employer's premises but who is allowed to sleep when their services are not required is entitled to be paid the National Minimum Wage (NMW) for the entirety of their shift is a highly fact-sensitive area of...

No Money a Reasonable Excuse for Not Paying Tax

HM Revenue and Customs (HMRC) are not known for being lenient when it comes to taxpayers who fail to pay taxes, and mere inability to pay tax when due is only regarded as a 'reasonable excuse' (and therefore ground for avoiding penalties) when the inability...

Mired In Debt? Get Professional Advice You Can Rely On

The position of those in debt is normally far from hopeless and much can be done to save them from penury. However, they are particularly vulnerable and, as a decision of the Upper Tribunal (UT) showed , the Financial Conduct Authority (FCA) tries its...

Shape Change Not Inventive

For a patent to be valid, it is not sufficient that it is simply something new. There has to be an inventive step over the 'prior art', so that the item or process for which the patent is sought is not an obvious development. This test is at the heart of...

Mothers Denied Child Residence Orders

When a couple split up, it is very common for one of them to wish to move away, often to the area where they grew up or have family. This can create significant issues as far as the children are concerned and disputes in such cases are common. In a recent...

Employment Tribunal Fees - Supreme Court Upholds Unison's Challenge

The Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 introduced fees for bringing a claim to the Employment Tribunal (ET) and the Employment Appeal Tribunal (EAT). The stated aims of the Fees Order were to transfer part of the...

High Court Blocks 'Super-Basement' Extension Plans

Basement extensions are increasingly popular, particularly in areas where property prices are high, but are not always looked upon favourably by neighbours. In one case, an objector obtained legal advice and succeeded in blocking plans for a three-storey...

Average British person commits 32 crimes a year

Average British person commits 32 crimes a year Although 98% of British people consider themselves law-abiding citizens, on average we each commit 32 crimes a year. This is according to new research carried out by BT TV. This “crime wave”...

Failure to Comply With Regulation Brings Jail for Moneylenders

Commercial moneylending is, with good reason, heavily regulated to ensure that unfair advantage is not taken of vulnerable borrowers. In one case that made that clear, two men who provided over £750,000 in finance to taxi drivers without any legal...

HMRC Provide Calculator for New IHT Relief

Like many pieces of tax legislation, the 'additional threshold' (AT) for Inheritance Tax (IHT) – which, in simple terms, limits the potential IHT charge on high-value residential properties – is a lot more complicated than it looks at first...

Managing the Affairs of Missing People Law Passed

With the general election hogging the headlines, the passing of the Guardianship (Missing Persons) Act 2017 , which received Royal Assent on 27 April 2017, went almost unreported. Although the date on which the Act will come into force has not yet been...

When Does Notice of Termination Take Effect?

Exactly when notice of termination takes effect can impact on an employee's entitlement to certain benefits or employment rights. In a recent case, the Court of Appeal ruled that, in the absence of an express term in the employee's contract, notice of...
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