Legal News

ISAs in Estates to be Tax Exempt

One of the issues that proves difficult for executors of deceased persons who have Individual Savings Accounts (ISAs) is that the interest on them is taxable once the owner has died. Many of these accounts are small and, given that interest rates have been...

Cohabitants Entitled to Bereavement Damages

The legal implications of cohabitation are often poorly understood by those who choose to live together outside of marriage or civil partnership, and the lack of protection for cohabitants often comes as an unpleasant surprise to many, especially when a...

Actress Wins Substantial Damages for Internet Privacy Breaches

Despite much publicity and numerous judicial warnings, some people still do not understand that they are not entitled to post private and confidential information about others on the Internet. In one case, a man was hit hard in the pocket after uploading...

Pre-Trial Skirmishing Can Be as Important as the Main Event

In commercial litigation, many of the most important battles are fought before the trial even starts and those who drag their feet or fail to comply with judicial directions can find themselves hamstrung when it comes to the main event. Exactly that happened...

New National Minimum Wage Rates

The draft National Minimum Wage (Amendment) Regulations 2018 were published on 6 February and provide for the following changes to the National Living Wage (NLW) and the National Minimum Wage (NMW) rates with effect from 1 April 2018: The NLW, which...

Unfair Competition by Former Employees - The Law Can Move Fast!

If key workers leave your employment and you are concerned that they may breach their contracts by setting up in competition, the law can move fast to protect you. That was certainly so in one case in which four former employees of a fashion company were...

Victims of Crime and Compensation

It is normal for victims of crime to think that the conviction and punishment of the criminal marks the end of the process entirely. However, that is not always the case as, when appropriate, compensation can be sought from the criminal. A good example is a...

Industrial Disease Victims - The Courts Are Equipped to Achieve Justice

Thousands of people who suffer from industrial diseases are due compensation for their suffering, but dealing with so many cases can be a gargantuan task. However, one case concerning steel workers who were exposed to harmful fumes and dust at work showed...

Absolute Discretion Has Limits

Construction disputes are a rich source of argument in the courts, and where the contract affords one party a 'discretion' with regard to its rights or obligations under the contract, disagreement can arise as to when this becomes operative. Recently, an...

Service Standards Must Be Appropriate for Properties

Owning a share of the freehold is often cited as a selling point to flat buyers – but tenant democracy is no panacea and there is little advantage to it if residents do not get on. In one case, a dispute between wealthy apartment dwellers over cuts to...

When Does a Passenger Disembark From a Vessel?

When can a passenger be said to have embarked or disembarked from a vessel? The Court of Appeal resolved that issue in a novel case of significance to tourists and others who are injured when making their way on and off boats. The case concerned a man whose...

E-Signature Consultation

Under the Law Commissions Act 1965 , the Law Commission is required to submit programmes of law reform to the Lord Chancellor. The latest topics put forward for consideration include a review of the use of 'e-signatures'. These are becoming increasingly...

Patient Who Fell From Hospital Roof Due Seven-Figure Compensation

Property owners who fail to keep their visitors reasonably safe can be hit hard in the pocket. In one such case, a confused patient who fell off a hospital roof has won the right to a substantial compensation settlement from an NHS trust. The diabetic man...

Do You Still Believe in the 90-Day UK Tax Residency Myth? Read This!

It is an enduringly popular misconception that all you need to do in order to establish that you are not UK resident for tax purposes is spend fewer than 90 days per year in this country. However, the true position is much more nuanced than that, as one...

Government Responds to the Taylor Review of Employment Practices

In October 2016, the Prime Minister commissioned Matthew Taylor, Chief Executive of the Royal Society for the Encouragement of Arts, Manufactures and Commerce and a former policy chief under Tony Blair, to look at how employment practices need to change in...

Failure to Point Out Business Decline Proves Costly

When a business is sold, a 'due diligence' process is normally entered into to make sure that the representations made by the seller to the buyer, on which the buyer's valuation of the business will be based, are true. Failure to be forthright in disclosures...

Family Attachment a Critical Factor in Adoption

When the Family Court was asked to consider an application for an adoption order made by a couple, two factors proved crucial in deciding whether it should be granted. The first was that the boy's natural parents could not reasonably be considered able to...

Unfair Dismissal - What Matters is the Decision Maker's Mindset

For an employee to succeed in a claim of unfair dismissal, they must be able to show that their employer has acted unreasonably, and unfair conduct on the part of individual colleagues or managers is immaterial unless it can properly be attributed to the...

Road Traffic Accidents - Where Does Responsibility Lie?

Discerning where blame for road traffic accidents lies is not always easy but, with the aid of specialist legal representation, the courts are able to uncover the truth. In one case on point, solicitors representing a catastrophically injured pedestrian...

Casting Aspersions to Change Inheritance Proves Unsuccessful

Wills made or varied just before death are a frequent source of dispute and court appearances, and it was just such an occurrence that led to a High Court hearing recently . The case concerned the estate of a woman who died in 2014, two days after making a...

Charges Must Be Reasonable to be Reasonably Incurred

The leases relating to tenancies in blocks of flats and similar buildings will normally require the tenants to make a reasonable contribution towards the 'estate' costs of the property. The estate costs are those which apply to the whole of the premises or...

Get it Right First Time or Face Tax Consequences

When managing taxes, there can be few errors as expensive as failing to register for VAT if you should have done so, as a recent case shows. One area of potential confusion is when there is an agency involved which arranges for someone to provide services or...

Negligent Acts Can Take Just Seconds but Resound for a Lifetime

Negligent acts that take place in just seconds or minutes can have life-changing consequences, but expert lawyers can painstakingly reconstruct such incidents years after the event. This is illustrated by a recent case in which bad advice given by a midwife...

Ripped Off By a Rogue Trader? You Can Be Compensated!

Elderly people and those who are vulnerable are sadly prime targets for rogue traders, but the law is not powerless when it comes to helping those affected. The successful prosecution of a rogue builder promises more than £200,000 in compensation for...

Airline Pilot Strikes Crucial Blow for Trade Union Rights

It has long been unlawful to refuse to employ someone because of his or her trade union membership. However, in a ground-breaking decision, a tribunal has extended that protection to non-union members who have engaged in union activities ( Jet2.com Limited v...
  • Page 1 of 4