Latest Legal News

High Court Rules Against Right to Rent

The legislation that introduced the Right to Rent scheme, which went live in February 2016 and compels landlords to check the immigration status of their tenants, has never been popular with landlords or tenants. Recently, the High Court ruled that the...

Accountant Who Worked Exclusively for One Client Became an Employee

The distinction between employment and self-employment is a continuing source of controversy and a ruling by the Employment Appeal Tribunal (EAT) that an accountant who worked exclusively for one client fell into the former category has added a new wrinkle...

Woman Who Assisted Husband's Suicide Can Inherit Estate

The law in the UK is not supportive of people who assist, however unwillingly, those they love who want to die. Although such wishes are often borne out of suffering years of intractable pain or disability, assisting the suicide of another remains a criminal...

Debtors' Rights - High Court Takes to Task Bailiffs Who Overstepped the Mark

Judgments for debt would hardly be worth having if there were no bailiffs to enforce them. However, as a High Court ruling made clear , they have to abide by stringent rules and do not have carte blanche to trample on debtors' rights. The case concerned a...

Company Director Banned for Ignoring Obligation to Pay Tax

Directors of struggling companies all too often place payment of tax at the bottom of their priority lists, with the result that it is the public purse that frequently suffers most in the event of insolvency. However, as a High Court decision showed , such...

Court Denies Widow the Right to Challenge Trust Arrangements

Trusts have been gradually falling out of favour, according to a recent report. It is thought that the fall of some 4 per cent in trusts submitting tax returns last year (and 30 per cent since 2003/2004) is due to both a lack of understanding of trusts and...

Patent Invalid if No Novelty

One of the key requirements for a patent for a technical process innovation to be successfully defended is that there must be something genuinely innovative about the subject matter of the patent. There has to be 'novelty' and an inventive step. On...

Mother Placed Under Improper Judicial Pressure to Consent to Care Orders

The quality of British justice is respected around the world – but there are inevitably occasions when judges overstep the mark. In a family case on point, a mother had her two young children taken into care after a judge dismissed out of hand...

Adjudication Payments Must Be Made First

Payments under building contracts can be a touchy issue and have led to numerous disputes. Adjudication proceedings are intended to make the process of resolving building disputes simpler, but they themselves are replete with legal challenges on a whole...

SDLT Reminder

Clients are reminded that, following the introduction of the Stamp Duty Land Tax (Administration) (Amendment) Regulations 2018 , the time limit for the payment of Stamp Duty Land Tax (SDLT) on property transactions has been reduced from 30 days to 14...

Lost Will Means Court Hearing in Family Dispute

The impossibility of asking a deceased person what their real intentions were makes the value of these being clear before death quite obvious, as a recent case shows. It involved an elderly widow who died in 2016. After her death, her family discovered an...

Discrimination and the Burden of Proof - Court of Appeal Gives Guidance

Once an employee succeeds in establishing facts that arguably support a finding of discrimination, the burden of proving that there was no such discrimination falls upon the employer. The Court of Appeal has confirmed that approach in a guideline decision ( ...

Care Home State Support Limits Unchanged for Ninth Year

Having enough money to pay for care costs in the final years of life is a major concern for many and, despite promises made by governments in the past about limiting the impact on people, in reality the scale of the problem is such that the potential impact...

Exchanging Secret Information? Always Get a Non-Disclosure Agreement!

Businesses that deal or hope to deal with one another often have to put security concerns to one side and share their confidential information. As a High Court case underlined, however, such exchanges should always be subject to a professionally drafted...

Court Ruling Boosts HMRC's Cross-Border Powers

National boundaries pose little or no obstacle to tax evasion. The Court of Appeal made that point in an important ruling which has greatly boosted the ability of HM Revenue and Customs (HMRC) to pursue inquiries beyond the borders of the UK. HMRC were...

International Dimension Makes Child Travel Risky

The welfare of children is always top of the list of priorities of the Family Court when making arrangements following the break-up of a family. This can be especially difficult where the parents are from different countries, as shown by a recent case in...

Air Quality Targets and the Planning Regime - Court of Appeal Test Case

The Government is duty-bound by European law to ensure that specified air quality standards are met as quickly as possible. However, the Court of Appeal has ruled in an important test case that that duty does not extend to a general obligation to refuse...

Is IHT Simplification On the Way?

More than 550,000 people die annually in the UK and half of those deaths require the completion of Inheritance Tax (IHT) forms, which are not straightforward and can be a daunting burden at a difficult time for families. However, only 5 per cent of estates...

Data Storage Dispute Leads to Emergency High Court Injunction

Large companies frequently engage outside contractors to assist with storage of the vast quantities of data they produce. However, as a High Court case showed , a breakdown of such commercial relationships can give rise to urgent privacy and data protection...

Equal Pay Comparability - Supermarket Workers Win Important Victory

In Asda Stores Limited v Brierley , the question before the Court of Appeal was whether or not thousands of women who worked at Asda's retail stores could compare themselves with male members of staff who worked at the company's distribution depots for...

Fake Will Admission May Lead to Criminal Charges

When your spouse's lack of attention to making a will causes issues, faking one is definitely not a good idea, as a Kent woman found out recently. Her husband died in 2013 leaving various properties in Spain and a flat in England, but no will. The woman...

High Court Decision Underlines the Finality of Divorce Arbitration Awards

Divorcing couples can sometimes achieve savings of both time and money by opting for arbitration, rather than court proceedings, as a means of resolving any financial disputes. However, as a guideline High Court case underlined , arbitration has its...

Company or Unincorporated Firm? The Distinction Can Be Vitally Important!

A limited company has a legal personality all of its own, but an unincorporated firm does not. As a High Court ruling in respect of a domestic building dispute showed , that distinction can in some cases be a crucial one. A couple who were to move into a...

Court Decides How Injured Child's Estate Should Be Distributed

It is not uncommon for children born with severe abnormalities or injuries to die in childhood. In a recent case, the Court of Protection was required to decide how to divide the estate of a child who died when the lump-sum compensation settlement for...

Balancing Noise Nuisance Against the Needs of Industry - High Court Ruling

Industrial processes can be noisy and those responsible for them frequently worry that complaints from neighbouring residents will affect their businesses. However, as a High Court case showed , such concerns and the needs of commerce in general do carry...
  • Page 1 of 10