Legal News

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...

Businessman's Widow Awarded Asbestos Compensation

The effects of breathing in asbestos can be insidious and can take decades to develop – but that should in no way discourage victims from taking legal action. As an example of what can be achieved, the widow of a businessman who died of cancer more...

Sale of Goods Law Provides Route to Compensation for Holidaymakers

An interesting use of the law relating to the sale of goods helped a couple whose all-inclusive holiday was ruined by gastroenteritis claim compensation from travel group First Choice recently. They claimed damages under the Supply of Goods and Services...

'Good Work' - The Taylor Review

In October 2016, the Prime Minister commissioned Matthew Taylor, a former policy chief to Tony Blair, to look at how employment practices need to change in order to keep pace with modern business needs. The Review, entitled 'Good Work', has now been...

Procedural Failure Means Court of Appeal Hearing for RTM Company

The Commonhold and Leasehold Reform Act 2002 gives tenants of qualifying premises the right to have the landlord's management functions transferred to a right to manage (RTM) company so that they can take responsibility for managing their premises. The...

Whistleblowing and the Meaning of 'In the Public Interest'

The Public Interest Disclosure Act 1998 – often referred to as the 'Whistleblowing' Act – inserted provisions into the Employment Rights Act 1996 (ERA) in order to protect employees from unfair treatment for reasonably raising, in a...

Unlawful Force Leads to Damages Claim

We all rely on being treated fairly and with respect by officials and their agents, and on them carrying out their duties without inflicting physical harm on us. When they fail in this, determined action can bring compensation for the injuries suffered, as...

Court Unwilling to Force Family Home Sale

Taking legal advice when borrowing for any purpose is important, as a recent case in which a wife faced the possibility of the sale of her home when her husband was made bankrupt shows. When he faced financial difficulties in 2005, the husband raised a...

Supreme Court Rules on the Pension Rights of Gay Partners

The Supreme Court has handed down a ruling which means that all married gay couples and civil partners should receive equal pension rights. Under Paragraph 18 of Schedule 9 of the Equality Act 2010 , employers and pension funds are permitted to exclude...

Payment for Removal of Personal Obligation Not a Deduction

When a sale of shares in a company is in progress, there are often a large number of threads that have to be tied up and sometimes this leads to unintended consequences. In a recent case, a shareholder had entered into a contractual obligation to a third...

Your Right to Claim Tax Relief on Losses Dies With You

You can claim tax relief if assets that you have acquired become worthless or loans that you have advanced prove to be irrecoverable. However, in a case that will be required reading for tax professionals, the Upper Tribunal (UT) has ruled that the right...

Pensioner Reduced To Child-Like State by Road Crash Wins £3.4 Million

Anyone who gets behind the wheel of a car is driving a potentially lethal weapon and it is only right that damages are payable when negligent motorists wreck lives. In one case, a formerly active pensioner who suffered severe head injuries in a head-on...

Government Bank Sale Tendering Dispute - High Court Ruling

Public tendering exercises almost inevitably leave unsuccessful bidders dissatisfied but the courts will only intervene if there is a legal flaw in the process. A consortium behind a failed bid to acquire a government-owned bank found that out when the High...

Teenage Meningitis Victim Due Full Compensation from NHS

Accident and Emergency department medics work long hours under pressure – but the law still expects them to maintain reasonable levels of competence. The Court of Appeal made that point in guaranteeing substantial compensation to a teenage meningitis...

Car Bonnet Will is Valid, Rules Court

There are a number of requirements that must be met for a will to be valid and one of these is that the signing of the will must be witnessed by two people who are not beneficiaries. A recent case before the High Court turned on that point. It was brought...

Supreme Court Clarifies Law on Indirect Discrimination

The Supreme Court has now handed down its judgment in an important case, Essop and Others v Home Office (UK Border Agency) , brought by a group of workers who claimed to have suffered indirect race and/or age discrimination. The Court has ruled that in...

Carpet Picker Wins £4,600 for Hearing Loss

A woman who used to work for a carpet manufacturer has won compensation after being diagnosed with noise-induced hearing loss (NIHL). She worked as a colour finder and later as a carpet picker for Woodward Grosvenor Co. Ltd in Kidderminster from 1978 until...

Annoyed With a Tenant? Don't Take the Law Into Your Own Hands!

The law protects tenants against mistreatment and landlords who ignore their tenants' rights are courting disaster. In one case that strikingly proved the point , a landlord who unlawfully entered his tenant's bedsit and threw out his possessions ended up...

Couple Ordered to Demolish House Built Without Planning Permission

Planning laws are complex and before starting any building work it is always wise to seek professional advice. In one case that proves this point, a couple who almost doubled the size of their country cottage without planning permission were ordered to...

Put it in Writing

It is astonishing how often disputes over the beneficial ownership of assets become the subject of lengthy court proceedings. In a case decided in March, an argument about the ownership of a property ended up (at huge cost to the loser) in the Court of...

Internet Search Confusion Not Enough for Trade Mark Infringement

Argos is a well-known retailer in the UK and owns its trade name. However, the argos.com web domain is owned by a US company which specialises in computer-aided design and that company uses 'Argos' on its website as well as in its domain name. Argos took...

Injured Victim of Runaway Lorry Guaranteed Full Compensation

Apportioning responsibility for road traffic accidents is not always straightforward but expert lawyers in the field are well versed in uncovering where the truth lies. In one case, a pedestrian injured on the pavement by a runaway lorry has been guaranteed...

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,...

Surgeon Wins Compensation from Manufacturer of Defective Motorbike

A surgeon who was injured when the brakes on his motorbike seized and he was flung to the ground has had his award of damages upheld by the Court of Appeal. Andrew Baker had bought the KTM Supermoto 990 second hand but it was under two years old and had...
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