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Latest News

Elderly Man Lacked Capacity to Make Final Will

The High Court recently upheld a claim that an elderly man's final will was invalid on the grounds that he lacked testamentary capacity. The man and his wife had made mirror wills in 1985. After their eldest son sadly died in 2007, they made new mirror...

Employment Rights Bill Introduced into Parliament

The Employment Rights Bill, which formed part of the legislative programme outlined in the King's Speech, has now been introduced into Parliament. Some of the key provisions included in the Bill are: Workers on zero-hours contracts will be entitled to...

Parents Can Accept Gift of Property on Boy's Behalf

The Family Court recently considered an application by the parents of a 15-year-old boy for authorisation to accept a gift of a share in a property on his behalf, in exercise of their parental responsibility. The boy's father owned a property in...

Marketing of Refurbished Cookers Infringed Trade Marks

The High Court recently ruled on a claim by AGA Rangemaster , the manufacturer of AGA cookers, that a company which also supplies range cookers had infringed its trade marks. The company's cookers were fitted with an electric control system, which could...

FCA Proposes New Rules for Payments Firms

The Financial Conduct Authority (FCA) is proposing changes to the safeguarding regime that applies to payments and e-money firms, in order to better protect customers. Funds held by payments firms are not covered by the Financial Services Compensation...

Intangible Assets Deduction Not Available to LLP Members

Where a partnership's members include one or more companies, the profits of the partnership are calculated as if its trade was carried on by a company, by virtue of Section 1259 of the Corporation Tax Act 2009 . Recently, the Upper Tribunal (UT) ruled on...

ET Has Jurisdiction to Hear 'Same Disadvantage' Claim

The Employment Appeal Tribunal (EAT) has confirmed that where a provision, criterion or practice (PCP) puts people with a protected characteristic at a disadvantage, protection from indirect discrimination under Section 19 of the Equality Act 2010 can...

Homeowner Defeats Application to Modify Restrictive Covenant

A homeowner has successfully argued before the Upper Tribunal (UT) that an application by the owner of adjoining land to modify a restrictive covenant should be refused . A small cottage had originally stood on the adjoining land, but had been badly...

Head Landlord Wins Appeal Against Rent Repayment Order

A man who let a house to a company which in turn let rooms in it to tenants has succeeded in his appeal against a rent repayment order after the Upper Tribunal (UT) concluded that he was not the tenants' immediate landlord and therefore no such order could...

Court Authorises Withdrawal of Life-Sustaining Treatment

When deciding whether it is in a patient's best interests to continue life-sustaining treatment, the courts will look to the patient's views and beliefs, where known, as well as the medical evidence. In a sad case concerning a 66-year-old man in a state of...

Home Improvement Company Fined for Unsolicited Calls

A company that provides installation services for home improvement products has been issued with a monetary penalty by the Information Commissioner's Office (ICO) after making thousands of unsolicited marketing calls to numbers registered with the Telephone...

Half-Brother Entitled to Benefit from Family Trust

The High Court has recently ruled that a man is entitled to benefit under a family trust despite finding that he was not the biological child of the settlor. The trust had been set up by a businessman in 2003 and included as its beneficiaries 'the...

Deductions from Wages Pursuant to Court Order Not Unlawful

An Employment Tribunal (ET) has confirmed that a construction company which made deductions from an employee's wages in accordance with a court order did not do so unlawfully ( Rainford v Stepnell Ltd ). The employee was the subject of an attachment of...

Family Court Rules on Meaning of Pre-Nuptial Agreement

A pre-nuptial agreement (PNA) will be taken into account when a couple divorces, as long as it has been freely entered into and it is fair to hold the parties to it. Recently, the Family Court was called upon to decide how the terms of a PNA affected the...

ICO Reprimands Electoral Commission Over Cyber Attack

The Information Commissioner's Office (ICO) has issued a reprimand to the Electoral Commission after hackers gained access to the information on the Electoral Register. Hackers gained access to the Electoral Commission's server in August 2021 by...

Appeal by Taxpayer Who Relied On Accountant Refused

Individual taxpayers often rely on advisors to handle their tax affairs, but it is wise to make sure they are doing everything that needs to be done. In a recent case, a man whose accountant failed to file tax returns on his behalf was refused permission to...

EAT Overturns Indirect Disability Discrimination Finding

Employment Tribunals (ETs) have a duty to give sufficient reasons for their decisions so that the parties to a claim can understand why they won or lost. In a recent case, the Employment Appeal Tribunal (EAT) overturned a finding of indirect disability...

Prospective Tenant Loses Deposit After Failed Credit Check

When prospective tenants are asked to pay a holding deposit, they should ensure that they disclose any information that might affect a landlord's decision whether to offer them a tenancy. Recently, the First-tier Tribunal (FTT) dealt with an application for...

UT Upholds Rejection of Late IR35 Appeal

Disagreements with HM Revenue and Customs (HMRC) can be complicated and protracted, but it is vital to comply with deadlines at every stage of the process. In a recent case, a limited liability partnership (LLP) failed to convince the Upper Tribunal (UT)...

Declaration of Parentage Granted Despite Missing Consent Forms

Unmarried couples who hope to have children together via fertility treatment must comply with a number of requirements in order for both partners to be legally recognised as parents, but if a mistake is made in the documentation, the courts can often assist....
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