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Latest News

Registering a Trade Mark is the Best Way to Protect Your Valuable Brand

Having worked hard to establish the reputation of your product, there is nothing more annoying than a competitor marketing rival goods under a confusingly similar name. As a High Court ruling showed, however, registering a trade mark is a highly effective...

Businessman Reaps Whirlwind After Years of Inattention to His Tax Affairs

Those whose tax affairs are allowed to fall into disarray must live in permanent fear that HM Revenue and Customs (HMRC) will in due course descend upon them. Such anxiety proved well justified in the case of a businessman who was on the receiving end of...

Contract Adjudicators' Decisions Must Be Honoured Promptly - No Ifs, No Buts

Those who willingly submit contract disputes to adjudication must, save in very exceptional cases, honour the outcome without delay – no ifs, no buts. The High Court resoundingly made that point in a guideline ruling . The case concerned highway...

Divorce - This is Why a Clean Break is Usually the Preferred Outcome

Most divorcees would, wherever possible, prefer to achieve a clean financial break so that they can regain their independence and move on with their lives. A High Court ruling provided a powerful illustration of why that is a sensible choice. The case...

Not Every Procedural Defect Will Render a Dismissal Unfair - Guideline Ruling

Deficiencies in a workplace disciplinary procedure will very often render a dismissal unfair – but not always. The Employment Appeal Tribunal (EAT) made that point in finding that a hospital supervisor's dismissal was fair ( Greater Glasgow Health...

Another Sad Tale of a Farmer's Disinherited Children - High Court Ruling

The tale of a devoted son labouring for years on a family farm only to be cut out of his father's will is so often told as to be almost a cliché. However, as a High Court ruling showed , such stories are often reflected in the sad and recurring...

Retail Tenant Forced to Relocate Receives Compensation for Permanent Loss of Profit

When retail premises are compulsorily purchased by public authorities and forced to relocate, to what extent should compensation be paid for any resulting permanent loss of profit? The Upper Tribunal (UT) considered that issue in a guideline case . ...

Family Judge Treads the Blurred Boundary Between Life and Death

The ability of modern medical technology to keep patients' hearts beating and their lungs ventilating has led to a blurring of the boundary between life and death. As a High Court ruling showed , it sometimes falls to family judges to make the desperately...

Suppression of Takings - HMRC Rains on Takeaway Pizza Company's Parade

Companies that suppress their takings, thereby evading tax, may live on the fat of the land for a while. However, as a tax tribunal ruling showed , the corporate veil often affords limited financial protection to their directors when HM Revenue and Customs...

False Claim to Be a Cash Buyer Ruled Fraudulent in Ground-Breaking Case

In coming to the aid of a frail and elderly householder, the High Court has ruled in a landmark case that she was on the receiving end of a fraudulent misrepresentation when a would-be purchaser of her home was falsely described to her as a cash buyer. A...

'Reckless' Travel Company Director Ordered to Compensate Customers

Those who manage companies in a reckless or incompetent manner can expect to be banned from holding directorships in future – but should they also be ordered personally to compensate customers who are left out of pocket? The High Court addressed that...

Sometimes Parental Love is Not Enough - Court Sanctions Boy's Adoption

Parents may be worthy of praise and deeply love their children, but it sadly does not always follow that they are able to provide them with a stable home. The High Court made that point in sanctioning a little boy's placement for adoption . Due to concerns...

This is Why You Should Never Make a Will Without Taking Legal Advice

Making a will without the benefit of professional legal advice is an excellent recipe for strife between your loved ones after you are gone. That was sadly so in the case of a cancer sufferer who had no understanding that, when she signed her will, she was...

Disability Discrimination - Corner Shops Owe the Same Duties as Multinationals

Small businesses not blessed with human resources departments can find it hard to accommodate disabled members of staff who need to take time off work. However, as an Employment Tribunal (ET) ruling showed, when it comes to catering for their needs, a corner...

Can Planning Objections Amount to Harassment? Guideline High Court Ruling

Landowners intent on developing their properties can find it intensely annoying when neighbours resist their plans. However, as a High Court ruling made plain, the right to object to planning applications is one of the benefits of living in a democratic...

Landlord of Converted Office Block Pays Price for Breaching Fire Safety Rules

To what extent should landlords who have breached fire safety rules be entitled to recover the costs of remedying such breaches from tenants by way of service charges? The Upper Tribunal (UT) considered that important issue in a case concerning a former...

Oil Major Fends Off Shareholder Bid to Reform its Climate Change Strategy

So-called 'activist' shareholders have a perfect right to seek to influence the strategy of companies in which they hold a stake. In a guideline ruling, however, the High Court shut the door on an environmental charity's novel attempt to make the board of a...

Wealthy Divorcee Hit Hard in the Pocket for 'Delinquent' Litigation Conduct

Those who attempt to lie their way to a favourable result in divorce proceedings are more than likely to be found out and hit hard in the pocket. That was certainly so in the case of an elderly entrepreneur who treated his ex-wife's financial claims as if...

Employment Status, Control and Mutuality of Obligation - Guideline Ruling

There is no reason in principle why someone who is a shareholder and controlling director of a company cannot also be its employee. However, as an Employment Tribunal (ET) ruling made plain, the assessment of whether an employment relationship does or does...

High-Interest Loans Can Be Vulnerable to Challenge - High Court Ruling

Borrowers who take out loans at high rates of interest with their eyes wide open may have only themselves to blame. As a High Court case showed , however, such loans may be vulnerable to arguments that they amount to a penalty or are the product of an...
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