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Latest News

Failure to Take Advice Proves Costly in Family Arrangement

No matter how much you may trust relatives or close friends, you should never sign important documents without independent legal advice. In one case that proves the point, a man put his name to a deed that was put before him by his brother but which...

Get it Right or Else

A recent case illustrates the sort of consequences that can arise from failing to take sufficient care over details when completing a claim for overpaid tax. The claim was made by a group of companies for repayment of VAT wrongly paid. It failed, however,...

Have You Checked Your Investment Adviser's Credentials?

Investment advice is best obtained from authorised professionals and it is unwise to rely on friends' recommendations, no matter how trustworthy they may appear. In one case that proved the point, a currency trader who turned to fraud and lost £500,000...

Early Conciliation and Second Certificates

For Employment Tribunal (ET) claims lodged on or after 6 May 2014, it is a legal requirement, unless an exemption applies, for the claimant to first notify the Advisory, Conciliation and Arbitration Service (Acas) by completing an Early Conciliation (EC)...

Power of Attorney Fees Fall

With the recent furore over the Government's proposed increase in the cost of obtaining probate on larger estates, currently on ice owing to lack of parliamentary time in the run up to the General Election, it is nice to see that the direction of change in...

High Court Rules on Fall-Out From Wine Company Insolvency

Insolvency proceedings that arise in the midst of an ongoing trading relationship can sometimes result in large sums of money remaining in limbo for a significant period. In one such case, the High Court ruled on the correct destination of more than 870,000...

Restrictive Covenant Modification Enables Home Development

Restrictive covenants often date back many years and a delicate balance sometimes has to be struck between their enforcement and the public interest in efficient use of the increasingly scarce supply of suitable land. In a recent case, the Upper Tribunal...

Danger of Subletting Exposed as Court Orders Flat Sale

Owning a long leasehold, particularly one in a block of flats or which is part of a larger development, can be very different from owning a freehold. Typically the obligations of tenants are more proscriptive, being based on an acknowledgement that parts of...

Pioneering Psychologist Blocks Abusive Use of His Name Online

A recent case in which web searches for a pioneering psychologist led to a website selling shoes and clothes shows the extent to which Nominet, the Internet watchdog, will act to protect the rights that people have in their own names. The psychologist had a...

Uninsured Drivers and Compensation Claims

When accidents cause damage or injury and the responsible driver is uninsured, a claim can be made to the Motor Insurers' Bureau (MIB), an organisation financed by motor insurers with the intention of compensating those who have been involved in accidents...

Tax Law No Respecter of (Cultural) Tradition

An argument that assets which HM Revenue and Customs (HMRC) said belonged to a deceased man (and were thus subject to Inheritance Tax) were actually owned in whole or in part by his son was rejected by the First-tier Tribunal (FTT) recently . After the son...

Mother Suffered Discrimination After Part-Time Return From Maternity Leave

The Equality Act 2010 makes it unlawful to discriminate against or treat a woman unfavourably because of her pregnancy, or because she has given birth recently, is breastfeeding or is on maternity leave. In addition, the Employment Rights Act 1996 and...

High Court Encourages Social Workers to Make Use of Facebook

In the Internet era, it is wholly acceptable to use Facebook or other social media to make contact with those who have to be notified of family proceedings. The High Court made that point after being forced to abandon an adoption hearing due to a failure...

Cocktail of Drugs Not Sufficient to Overturn Will

Disputes about the validity of wills frequently centre on allegations that the deceased lacked 'mental capacity' when they created a will. In a recent case, the court had to consider whether a man who died less than two months after writing a will was...

Engineers Must Pay for Defective Design of Seaside Storm Culvert

Contract arbitrators' decisions are meant to be final and challenging them is always an uphill struggle. This point was illustrated by one case in which the High Court upheld a six-figure award to a local authority in respect of a defectively designed...

Council Obliged to Give Reasons for Approving Stadium Development

There is no statutory requirement for local authorities to give reasons for granting planning consent. However, an important Court of Appeal case concerning a football club's controversial plans to build a new stadium in the Green Belt showed that there is...

Noise Is Not the Only Form of Disturbance - High Court Ruling

Disturbance can take many forms and noise is just one of them. Planners made that point in heeding the concerns of residents of a quiet cul-de-sac and scotching plans for a 30-flat supported living development on the edge of a seaside town. The would-be...

Organised Grouping of NHS Carers Embroiled in TUPE Dispute

Whether or not the employment of an organised grouping of workers has been transferred from one employer to another for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) is a matter of critical significance...

Indemnity Insurance Comes to the Rescue in Identity Fraud Case

On the rare occasion that a professional adviser makes a mistake or behaves improperly, clients should be able to be confident of being compensated in full. A recent case shows how a client's potential loss at the hands of identity fraudsters was met by...

High Court Keeps Commercially Sensitive Product Information Secret

Litigation often requires disclosure of highly sensitive commercial details. However, as one intellectual property case concerning a mapping database showed , the courts do have sophisticated means of keeping such information under wraps. A company had...
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