Legal News

Blind Boy Let Down by Negligent Optician Wins Six-Figure Compensation

Opticians don't just sell glasses, they perform an important role in spotting potential problems that need to be referred to a doctor. In a case on point, a schoolboy who was left almost blind after an optician failed to detect a benign brain tumour won...

Court of Appeal Guidance on Use of Pay Less Notices

When a construction dispute arises and a pay less notice is issued, the Housing Grants, Construction and Regeneration Act 1996 requires that the notice should specify the sum considered to be due and the basis on which that sum is calculated. In a recent...

Court Visit Required to Give Clarity to Will

Many wills contain clauses which alter the distribution of assets in the event of changing circumstances, such as the death of one of the beneficiaries under the will before the person making it. When drafting such clauses, it is essential that they are...

Trade Marks and the Territorial Limits on the High Court's Jurisdiction

UK and EU trade marks are a highly effective means of protecting your brand – but they are subject to territorial limits. The High Court made that point in ruling that it had no power to entertain infringement proceedings brought by British airline...

Fraud Victim Sacrificed His Home by Delay in Seeking Legal Advice

If you have a legitimate legal complaint, any delay in consulting a solicitor is highly likely to benefit the wrongdoer. A man whose home was taken from him by fraud, but who delayed over 20 years before taking legal action, found that out to his cost. The...

Woman Wins Compensation for Car Park Fall

A woman who fell and twisted her ankle as she left a car park has succeeded in her claim for compensation. In such cases, it is sometimes difficult to ascertain exactly who owns the premises and who is responsible for maintaining them so they do not pose a...

Deliveroo Riders Are Self-Employed, High Court Rules

The High Court has dismissed a claim by the Independent Workers' Union of Great Britain (IWGB) seeking to overturn a decision of the Central Arbitration Committee (CAC) that Deliveroo riders are self-employed, not workers within the meaning of Section 296(1)...

Gold Visas Scheme Relaunch With Vetting Proposed

The Government has taken steps to halt the 'Tier 1 Investor' visa scheme after it became clear that it was being used to launder the proceeds of criminal activity and tax evasion. The scheme allowed wealthy individuals to enter the UK and obtain indefinite...

UK Fairness Test Mitigates Italian Pre-Nuptial Agreement

The law relating to the division of family assets on divorce varies widely across the world and the UK is generally regarded as one of the fairer jurisdictions for such financial arrangements in that the assets tend to be divided more equally than in many...

Consumer Wins Right to Damages After Furniture Unit Falls on His Foot

Consumers have a right to expect that the goods they purchase are of satisfactory quality and do not expose them to risk of injury, as was illustrated by a case in which a homeowner won the right to compensation after a furniture unit came apart and fell on...

Girl Struck Blind Following Premature Birth Wins Right to NHS Compensation

Childbirth is a happy event but, if things go wrong and your child is left disabled, you should seek legal advice right away. In a recent case, an 11-year-old girl who was struck blind due to clinical negligence following her premature birth won the right to...

What is the Tax Status of Compensation for Financial Product Mis-Selling?

Is compensation paid to individuals whose businesses have failed due to mis-selling of financial products subject to Income Tax? In a decision that will disappoint many victims of bank wrongdoing, the First-tier Tribunal (FTT) has answered that question in...

What is a 'New Building' in Planning Terms? Court of Appeal Guidance

Can a building which incorporates parts of structures previously on the same site be described as 'new'? In upholding an enforcement notice that required total demolition of three residential buildings, constructed in breach of planning control, the Court...

Health and Safety Policies Must Be Taken Seriously

When employees are working 'out of the office', their employer remains responsible for making sure that their working conditions are reasonably safe, and in that context having a safety policy alone is not enough...it must be taken seriously. A recent case...

Transfer of Pension Fund Does Not Escape IHT Charge

Inheritance Tax (IHT) is not only payable on the value of the estate of a deceased person, but can also be levied on 'transfers of value' from the deceased's estate in the seven (exceptionally 14) years prior to their death. But what counts as a transfer of...

ICO Publishes Technology Strategy for Next Three Years

One of the more interesting aspects of the new Technology Strategy document published by the Information Commissioner's Office (ICO) is that it specifically identifies Artificial Intelligence as a data protection risk to individuals and concludes that it...

Does a Director Need to File a Tax Return?

There is a widespread belief that every UK company director has to file a tax return. Indeed, the Government's own website suggests that being a company director alone means you should register for self-assessment and file a tax return annually. However,...

Hedge Cutting Proves Costly

You might think that where the boundaries of property lie should be clear, but boundary disputes are a fruitful source of argument in the courts. A recent case arose when, between contracts being exchanged on a property and the completion of its purchase, a...

Specialist Lawyers Know How to Protect Vulnerable Accident Victims

One of the most tragic effects of serious head injuries can be that victims lose the ability to make rational decisions and can be intensely vulnerable to exploitation by others. However, a case in which a crash victim won seven-figure compensation showed...

Wronged by a State Authority?

It is a mark of a civilised society that anyone who suffers a wrong at the hands of state authorities is entitled to compensation. In a case on point, a prisoner whose release was considerably delayed when the Parole Board was stricken by staff shortages ...

Individuals Personally Liable for Whistleblowing Dismissal, Court of Appeal Rules

In a landmark judgment, the Court of Appeal has confirmed that individual managers can be held personally liable for dismissal in whistleblowing claims ( Timis and Another v Osipov and Another ). The case concerned the former CEO of an oil exploration...

Clinical Negligence - Closure Can Be as Important as Compensation

For those whose loved ones die as a result of clinical negligence, achieving closure can be as important as obtaining just compensation. That was certainly so in one case in which a woman succeeded in proving that her father's death was avoidable and was...

Alpine Coach Crash Victim Wins Damages Settlement

The psychological scars borne by road accident victims can be just as serious as their physical injuries and they are equally worthy of compensation. In a case on point, an aspiring ski instructor who has been left with a fear of mountain roads after a...

Financial Ombudsman Service Remit to be Extended to Cover More Small Businesses

The Financial Ombudsman Service (FOS) exists to deal with complaints between financial service businesses (such as banks, insurance brokers, and loan and mortgage providers) and their customers – some of which are also businesses. Access to the FOS is...

Tenancy or Licence? Security Company Wins Possession Order

The distinction between tenancies and licences to occupy premises is crucial but not always easy to draw. A High Court case where this proved central concerned an agreement by which a security company allowed a man to occupy a vacant office block in order...
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