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Latest News

Parliament Entitled to Close Perceived Tax Loophole Retrospectively

There is nothing inherently wrong with Parliament legislating retrospectively in order to plug perceived tax loopholes. The High Court resoundingly made that point in rejecting claims that a back-dated change in the law violated the human rights of...

Inheritance - Lifetime Promises Can Be Legally As Well As Morally Binding

When it comes to inheritance, the obligation to keep your promises may well be legal as well as moral. In a case on point, a judge followed the demands of conscience in ruling that a hard-working man should inherit the farmland of a close friend who for...

New National Minimum Wage Rates from April 2021

The Government has accepted the recommendations of the Low Pay Commission as regards the National Living Wage (NLW) and the National Minimum Wage (NMW) rates that will apply with effect from 1 April 2021: The NLW will increase from £8.72 to...

Risks of Child Vaccination Outweighed By Health Benefits

In the best traditions of a free society, vaccination is not compulsory in the UK and anyone is entitled to withhold consent to being inoculated. In an important ruling, however, the High Court overruled a mother's moral and safety objections to her...

'Average Consumer' Takes Centre Stage in Beverages Trade Mark Dispute

The 'average consumer' may not exist in the real world but, as a legal construct, is an all-pervading presence in many trade mark disputes. That was certainly so in an infringement case concerning two manufacturers of alcoholic beverages which each named...

Tax Return Blunder Has Dire Consequences for Public-Spirited Charity Donor

Making a mistake on your tax return can have extremely serious consequences and that is why it is always wise to take professional advice. In a striking case on point, the High Court declined to come to the aid of a public-spirited businessman who donated...

Facing Forfeiture of Your Commercial Lease? Consult a Lawyer Without Delay

If you are a commercial tenant and your landlord is for any reason threatening to forfeit your lease, it is crucial that you take legal advice without delay. In a case on point, the High Court came to the aid of a tenant whose shop premises were...

Cross-Border Child Abduction and Habitual Residence - Guideline Ruling

A parent who wishes to move from one country to another with his or her child must first obtain the consent of the parent left behind. That principle of international law is easily stated but, as a guideline Court of Appeal ruling showed , applying it in a...

Businessman Fends Off 'Shadow Director' Claim Following Immigration Raid

It is a simple matter to identify registered directors of any English company – the information is readily available from Companies House or online – but putting a name to de facto or shadow directors is more of a challenge. The High Court...

Upset By Your Neighbours' Building Plans? You Are Far From Powerless

If your neighbours have obtained planning permission for building works to which you object, you may think that is the end of the matter. However, as one case strikingly showed , with the right legal advice you can still win the day. A company obtained...

Sacked Marketing Director's Re-Engagement 'Impracticable', EAT Rules

An award of compensation is the most common remedy granted in cases of unfair dismissal, but Employment Tribunals (ETs) also have the power to order reinstatement or re-engagement of wronged employees. The Employment Appeal Tribunal's (EAT's) ruling in a...

Don't Leave It Too Late to Put Your Affairs in Order

People often talk about putting their affairs in order but then sit on their hands until it is too late. The serious consequences of delay in seeking legal advice were underlined by a case in which a woman waited until she was resident in a hospice,...

Judge Breaks Up Environmental Protest Camp to Enable Tree to Be Felled

The powerful voice of environmental campaigners would be a mere whimper were it not for their human rights to congregate and peacefully protest. However, as a case concerning a campaign to save an ancient tree from the axe showed , judges are also obliged...

Court Urges Peace on Unmarried Couple at War Over Family Business

Unmarried couples should be under no illusions that they have legal rights equivalent to those who have tied the knot. The point could hardly have been more powerfully made than by a case concerning an unmarried former couple whose close-knit life together...

Directors Who Invest in Other Businesses - Watch Out for Conflicts of Interest

Directors are generally required to devote their time and effort to the companies they serve and to avoid making investments which might conflict with their best interests. The High Court analysed the extent of those duties in resolving a dispute between...

If You Believe You've Been Sold a Pup, Consult a Solicitor Today

If you have paid good money for goods or services and feel that you have not got what you bargained for, you should see a solicitor without delay. A case on point concerned a man who paid about £4,000 for what he believed would be a surgical hair...

What Is the Difference Between a Car and a Van? Income Tax Test Case

What is the difference between a car and a van? The Court of Appeal's definitive answer to that question has very significant tax implications for employers who provide vehicles for their employees' combined business and private use. The case concerned a...

Disappointed Homebuyers Secure Six-Figure Damages From Negligent Surveyor

One good reason why sensible homebuyers engage the services of a surveyor prior to purchase is that, if things go wrong, they at least have someone to sue. In a case on point, a couple who paid £1.2 million for a seaside home which turned out to be...

Can Dismissal Without Any Disciplinary Process Ever Be Fair?

Can a dismissal ever be fair if formal disciplinary procedures are dispensed with? A tribunal addressed that issue in the case of a senior railway company employee who was sacked on the spot following a breakdown in relations with her line manager ( ...

Independent Legal Advice Proves Decisive in Family Inheritance Dispute

Just because someone is old, frail and vulnerable does not mean that they are incapable of understanding the contents of their will. However, as a High Court ruling in the context of a bitter inheritance dispute showed, the benefits of professional advice...
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