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Advance Contractual Payments and the Benefits of Bank Guarantees

Contracts often require payments for services to be made in advance in order to get the ball rolling and provide liquidity, but this gives rise to obvious risks. An instructive High Court ruling, however, showed how effective bank guarantees are in ensuring...

Seeking a Just Outcome? Always Consult a Qualified Solicitor

Vulnerable negligence victims sadly often fall into the clutches of unqualified people who hold themselves out as professionals with expertise in pursuing compensation claims. A High Court ruling served as a warning to all that practising law is for lawyers...

Tempted By an Exotic Investment Scheme? Is It Too Good to Be True?

It is easy to be tempted by exotic investment schemes that promise spectacular returns. However, as a High Court case strikingly showed , they are often too good to be true and it is always wise to get an independent professional to check them out before...

Unfair Advantage Being Taken of Your Trade Mark? Don't Put Up With It

If you have spent time and money building up public recognition of your trade mark, you do not have to just stand by and watch others taking unfair advantage of your investment. In a case on point, a tea supplier saw off an attempt to use its brand name in...

Lawyers Win the Ruck in Seeking Justice for Injured Rugby Player

One of the most crucial aspects of a personal injury lawyer's work is to gather all the information required to build a successful case. The difficulty of that task was shown by a case involving a professional rugby player who claimed to have been injured...

Divorce - Home-Maker Wife Compensated for Sacrificing Her Career

Despite the drive towards achieving economic equality between the sexes, it remains common for women to give up their promising careers to support their husbands and devote themselves to child rearing and home-making. An important High Court ruling ...

Worker or Independent Contractor? European Court of Justice Guidance

The vexed distinction between 'workers' and 'independent contractors' could hardly be more important for many businesses but remains perennially controversial. An important ruling of the Court of Justice of the European Union (CJEU) is likely, however, to...

High-Profile Homeowners Can Divert Footpath Away From Their Garden

Ramblers love footpaths, but the same cannot be said for landowners concerned to protect their privacy and security. That was certainly so in one case in which homeowners with a high media profile won the right to divert a footpath which crossed their...

Children of Heart Attack Victim Can Pursue 'Nervous Shock' Damages Claims

Anyone who witnesses a shocking event may suffer psychiatric injuries as a result – but should they be compensated if that event arises from negligence? The High Court confronted that burning issue in a ground-breaking case. The case concerned a...

'Pay Now, Argue Later' - High Court Enforces Contract Adjudicator's Award

Contract adjudicators' awards, even if disputed, must generally be satisfied straight away. That principle – often referred to as 'pay now, argue later' – was applied by the High Court in ordering an immediate six-figure payment to a small...

Worker Who Tripped Over No Entry Sign Awarded £35,000

Despite stringent health and safety rules, accidents at work remain a frequent occurrence and those who suffer injury should consult a solicitor without delay. In one case, a worker who tripped over a no entry sign, installed to deter employees from taking...

Part-Time Football Referees Are Self-Employed, Tax Tribunal Rules

Part-time referees who officiate at professional football matches on a game-by-game basis are not employees. Confirming their self-employed status in a guideline case, the Upper Tribunal (UT) noted that they are so motivated to work that there is no need to...

High Court Acts to Rescue Company After Sole Shareholder's Death

If you are an entrepreneur and own your own company, that is all the more reason why you should take professional advice regarding the consequences that might arise on your death. In an unusual High Court case on point , a farm contracting business was left...

Grandfather Run Down on Pelican Crossing Receives Six-Figure Damages

No amount of compensation can fully recompense those whose lives are ruined by dangerous drivers, but it can at least give them security for the future. In one case, a grandfather who was struck down on a pelican crossing after a motorist shot a red light...

Court Permits Wife Who Unlawfully Killed Her Husband to Inherit His Assets

Few would quarrel with the long-standing rule of law that anyone who unlawfully kills another is barred from benefiting, financially or otherwise, from his or her crime. In a unique decision, however, the High Court waived that rule in the case of an...

Flat Tenant Can Veto Potentially Destructive Works - Supreme Court Ruling

The freeholds of a great many blocks of flats are held by tenant-owned companies which operate on democratic principles. Such arrangements are, however, not a panacea and disagreements can arise. A guideline Supreme Court decision will, however, make it...

Holidaymaker Who Tripped Over Sun Lounger Awarded Substantial Damages

Holidaymakers who suffer accidents abroad can face an uphill struggle to obtain just compensation, but specialist English lawyers are well equipped to rise to the challenge. In one case, a woman who was injured when she tripped over a sun lounger at a hotel...

Children's Wishes and Feelings Prevail in Bitter Paternity Dispute

In the throes of family breakdown, parents often focus on their own personal battles – but it is the best interests of their children that are always uppermost in family judges' minds. In a case on point, the wishes and feelings of two teenagers ...

Harvey Weinstein Case Exposes Wrinkle in Employment Tribunal Rules

Sexual harassment proceedings against disgraced film producer Harvey Weinstein gave rise to a thorny jurisdictional issue that threatened to undermine the power of Employment Tribunals (ETs) to make evidence disclosure orders against those who are not...

COVID-19 - Are Remote Court Hearings Fair? Judge Tackles the Issue

Thanks to telephone conferencing and video link technology, delivery of civil justice has continued almost unabated during the COVID-19 pandemic – but are remote hearings fair? A judge considered that fundamental issue in ruling that a clinical...
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