Legal News

Family of Girl Injured at Birth Secures Compensation Settlement

Hospital delivery rooms can sadly be scenes of tragedy as well as joy, and that was certainly so in one case in which a new mother was given the option of her baby girl's life support being switched off when it became clear that she would face a lifetime of...

Unnecessary Risk-Taking Means Tour Operator Not Liable for Accident

With the holiday season upon us, a recent case shows that there are limits to the liability of tour operators when accidents occur, especially when they are the result of rash behaviour. The case involved a man who fell from the balcony of his hotel in...

Data Protection Latest

You'd have to be living on Mars not to know that the General Data Protection Regulation (GDPR) is now in force. Its strict provisions must be complied with (the penalties for failing are swingeing) and it is practically impossible to run any organisation or...

Health and Safety - Employer Fends Off Defective Ladder Claim

Employers who fail to provide their staff with the equipment they need to safely carry out their work positively lay themselves open to compensation claims, but not all accidents are the result of health and safety breaches. A High Court ruling in the case...

Witnesses Save the Day for Widow in Will Argument

A divorced man who remarried in his late 50s made a new will in 1998, one year after the marriage, which left his entire estate to his new wife. After he died, a home-made will was discovered, made shortly before his death. This left virtually his entire...

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 the absence of an express term in the employee's contract, if they are dismissed in writing and the letter is posted to their...

Over 2,500 Deaths from Mesothelioma in 2016

According to the Health and Safety Executive (HSE), widespread use of asbestos-containing products in the past, particularly in the building industry, has resulted in a large increase in asbestos-related disease in Great Britain since the Second World War. ...

Jail for Husband Who Flouted Court Ruling

Court orders have to be obeyed and those who defy them can ultimately be sent to prison. Exactly that happened in one 'big money' divorce case in which an 83-year-old businessman repeatedly tried to thwart his ex-wife. Following the end of the former...

Landlords - Children Count Too!

When a landlord appealed against his prosecution for breaking a planning enforcement notice with regard to a house in multiple occupation (HMO) he owns, he used a rather novel argument to justify exceeding the limitation on the number of residents of the...

Inheritance Tax - 'Hope Value' Relevant to Property Valuations

When valuing a property for Inheritance Tax (IHT) purposes, is it legitimate to take into account its potential for enlargement or improvement – so-called 'hope value'? In a guideline ruling, the Upper Tribunal (UT) has answered that question in the...

Lawyers Negotiate £19 Million Settlement of Road Accident Victim's Claim

No amount of money can ever make up for what is lost by those whose lives are ruined by the negligence of others. However, as a £19 million compensation payout to a young road accident victim showed, a settlement can at least bring relief to...

Clinical Negligence Case Exposes Neurosurgeon's Hazardous Practice

Clinical negligence cases are about ensuring that victims are justly compensated – but they can also benefit the medical profession by exposing poor practice. That was certainly so in one case concerning a college lecturer who went into hospital for...

Debt Management Company Investigation Brings Bans

There was a certain irony to a recent report that the directors of a debt management company – set up to offer advice and assistance to those with debt problems – have been banned from acting as directors for a total of 23 years after action was...

Siblings Pay High Price for Dishonest Assistance to Bankrupt Brother

If family members or friends are facing bankruptcy, it may be tempting to assist them in keeping their assets away from the clutches of creditors. The folly of such conduct was, however, strikingly revealed by a Court of Appeal case concerning a family...

Soldier Deafened by Battleground Noise Awarded Six-Figure Compensation

Military personnel submit to discipline and are inevitably exposed to risk of harm, but that does not mean that the Ministry of Defence (MoD) owes them no duty of care. In one case that proves the point, a soldier who suffered hearing loss and tinnitus as...

Disability Discrimination - An Expectation to Work Long Hours

In United First Partners Research v Carreras , an employee who had returned to work after he was injured in a cycling accident claimed that a 'requirement' that he work long hours constituted a provision, criterion or practice (PCP) for the purposes of...

Will Wishes Rescinded by Court

One powerful reason why you should always seek legal advice before making your will is to ensure you meet your responsibilities to those who depend on you financially. In one case on point, the High Court effectively rewrote the will of a wealthy landowner ...

The Taxation of Termination Payments

The rules governing the taxation of termination payments have been tightened with effect from 6 April 2018 by means of legislation to amend Chapter 3, Part 6 of the Income Tax (Earnings and Pensions) Act 2003 . Hitherto, where the employee's contract of...

Honest Negligence Victims Suffer Most From the Lies of a Fraudulent Few

It is only right that genuine victims of clinical negligence are properly compensated – but the waters are sadly muddied for the honest many by a fraudulent few. Judges are alert to the problem, however, and in one case, a musician who grossly...

Oral Contract Existed as a Matter of Fact

When a decision is made as to what the facts are in a particular case, the judgment regarding those facts is normally accepted as not being able to be revisited in subsequent proceedings unless it was manifestly unreasonable or unfair, or subsequent evidence...

Future Earning Capacity Not a Matrimonial Asset

The Court of Appeal has made an important decision in a divorce case in which the main argument was over the availability of future income to fund maintenance payments in divorce settlements. The couple involved are both accountants and the husband is at...

Off-Road Motorbike Crash Victim Due Seven-Figure Compensation

A young man who was catastrophically injured in an off-road motorbike crash has won the right to a seven-figure sum in compensation – after fending off claims that he was engaged in a criminal enterprise when the accident happened. The then...

Council Tax to Bite on Empty Property

In 2017, 205,293 dwellings in England were left empty for six months or more. With the housing shortage never far from the news agenda, steps to bring unoccupied houses back into use are being taken by the Government. Under the Rating (Property in Common...

Software Company Fails to Lock Out Customer

One aspect of intellectual property (IP) rights that is often not given much thought, but which can be extremely important indeed, is what happens when a licence to use comes to an end. Much computer technology is supplied by licence (it is quite rare for...

Bus Accident Victim Guaranteed Substantial Compensation

The negotiating skills of lawyers who represent accident victims can be just as important as their knowledge of the law. In one case on point, skilful representation on behalf of a woman who was gravely injured when she fell off a bus succeeded in...
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