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Latest News

Moral and Legal Obligations are Different - Family Inheritance Dispute

There can be a world of difference between a moral obligation and a legal one. The High Court made that point in rejecting a daughter's claim that part of her deceased mother's stake in a residential property was held on trust for her. By the unequivocal...

The Legal Status of Property Guardians - Court of Appeal Clarifies the Law

The practice of permitting so-called property guardians to occupy premises in order to protect them against trespassers and vandals is now widespread – but what is their status in law? The Court of Appeal considered that issue in a guideline case . ...

Employers are Generally Entitled to Fruits of Their Employees' Creativity

Inventive employees can find it galling that copyright in their creative works generally belongs not to them but to their employers. As one case made plain, however, that is one of the sacrifices that has to be made in return for a regular salary. The case...

Father Probably Responsible for Fatal Poisoning - Family Judge's Findings

Before deciding where a child's best interests lie, family judges often have to conduct detailed inquiries into the character and conduct of their parents. In a unique case on point , a judge ruled that a father was probably responsible for the fatal...

This is What Can Happen If You Fail to Keep Proper Tax Records

Keeping proper tax records may be time consuming and laborious, but a failure to do so can have disastrous consequences in the event of a visit by an officer of HM Revenue and Customs (HMRC). A company found that out to its cost after failing to convince...

Do You Object to a Neighbour's Development Plans? Consult a Solicitor

If a neighbour has been granted planning permission for a development to which you object, you would be forgiven for thinking that there is nothing more you can do about it. As one case showed, however, with the benefit of expert legal advice that is by no...

Workplace Relationships Broken Down? Always Avoid a Knee-Jerk Response

Where irresolvable differences of opinion render an employment relationship entirely unworkable, dismissal may be justified. However, as one case showed, a knee-jerk response is never wise and a failure to allow time for reflection and the observance of...

Director Held Personally Liable for Multi-Million-Pound Missing Trader Fraud

Where a company becomes involved in the fraudulent evasion of tax, the corporate veil will rarely protect its directors from personal liability. An elderly businessman found that out to his cost when he received a seven-figure bill that was likely to...

Returning Expatriate Couple Pay the Price for Brexit

Brexit has for years been a constant topic of conversation, but some of its potentially serious consequences remain largely unknown outside specialist legal circles. That was certainly so in the case of a retired couple who were perturbed to receive a...

When it Comes to Corporate Takeovers, Judges Have Shareholders' Backs

Some corporate takeovers are controversial while others are not, but, either way, judges perform a vital role in ensuring that every shareholder gets a fair deal. A proposed change in ownership of a multinational consultancy company provided a perfect...

Divorce - Fairly Dividing Marital Assets is Not a Blame Game

The question of who is to blame for the breakdown of a marriage is often uppermost in divorcees' minds, but it is hardly ever relevant when it comes to fairly dividing up assets. The High Court made that point in the case of a husband who kept two families ...

Housing Project Survives Historic Airfield Owner's High Court Challenge

Operators of noise-generating businesses sometimes have good reason to fear the consequences of residential development nearby. In one case, however, planning permission for construction of 79 new homes on a site adjoining a historic airfield survived a High...

Ticket Touts Cannot Justify the Unjustifiable - Landmark Court of Appeal Ruling

Illegal ticket touts who contend that their crimes are victimless are seeking to justify the unjustifiable. The Court of Appeal made that point in a landmark case of crucial importance to the sports and entertainment industries. The case concerned two...

Update Your Will Today - This is What Can Happen If You Don't

Family relationships can become increasingly complex over time, particularly where marital breakdown intervenes, and that is why it is so important to keep your will up to date. As one case showed, a failure to take that sensible course can positively invite...

Redundancy Selection - Subjective Performance Assessment is Not Enough

Conducting a fair redundancy process requires a careful, almost forensic approach and it is almost never good enough for employers to rely on a subjective assessment of an employee's past performance. An Employment Tribunal (ET) succinctly made that point in...

Relationship Broken Down? Do You Understand the Legal Consequences?

When a relationship between partners who jointly own their home breaks down, one of them may move out leaving the other in sole occupation. That is a commonplace scenario but, as a High Court case showed, it can give rise to legal and financial issues that...

Renewal of Commercial Leases - Intention is More than Mere Contemplation

The legal right that many commercial tenants enjoy to have their leases renewed can be overcome if their landlords 'intend' to occupy the premises for their own business or residential purposes. However, as a High Court ruling made clear, the concept of...

Tax Avoidance Schemes, No Matter How Intricate, May Not Be Effective

There is nothing unlawful about tax avoidance schemes but, however intricate and apparently foolproof they may be, their effectiveness can never be guaranteed. A businessman found that out to his cost after one such scheme failed to shield him from a...

Can You Refuse Payment for Defective Goods? Guideline Contract Ruling

If goods you have received do not come up to specification, are you within your rights to refuse to pay for them? The High Court addressed that critically important question in a case concerning the supply of building aggregate that was alleged to have...

Disinherited Widow Can Pursue Reasonable Provision Claim Despite Delay

If someone on whom you depend financially dies without reasonably providing for you in their will, you should contact a solicitor straight away. In a High Court case on point , a delay in seeking legal advice very nearly stymied a disinherited widow's claim...
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