Latest News

Change of Use Over Time Leads to Four-Day Court Battle

Rights of way over land are a constant source of dispute and, because the law relating to land is complex, such disputes all too frequently end up in avoidable court proceedings. A recent case heard by Bristol County Court was brought by a man who claimed...

The Employment Tribunal Fees Refund Scheme

Following a four-week pilot scheme, the Employment Tribunal Fees Refund Scheme is now open to anyone who paid fees in respect of an Employment Tribunal or Employment Appeal Tribunal claim after their introduction in July 2013. Those eligible can apply...

Electrician Due Compensation From Two Firms

The first issue that has to be decided in any injury claim is that of liability – who was actually responsible for the injury? Sometimes this is far from straightforward and, even when the injury is clearly not the fault of the person who was injured,...

X Marks the Spot in IP Battle

Trade marks are jealously protected by their owners. A recent case shows how even seemingly uncontroversial trade marks can be found to infringe existing trade marks and proves the need for care in such circumstances. The case involved tyre giants...

Ignoring Advice Not Path to Success

There really is little point in instructing lawyers to represent you if you do not then listen to their advice. In one case which illustrates this , two women dispensed with the services of not just one but two legal teams, after they were advised to...

But I Wrote a Cheque

It is not often that the facts about how much of a mortgage was repaid are a matter of dispute, but in a recent case that was what happened and the decision led to a judge being criticised for her unorthodox approach to the evaluation of evidence. A couple...

Business Rates Reform on the Agenda?

There has been much grumbling over the years about the fact that where a tenant occupies multiple floors of a building, those floors will normally be treated as separate premises for the calculation of business rates. This normally produces larger rates...

Chronic Fatigue Syndrome Sufferer Defeats 'Faker' Claim

It is often said that insurance companies do not like paying out and, in one case that lent support to that assertion, an insurer put private detectives on the tail of a chronic fatigue syndrome sufferer but utterly failed to prove that he had lied and faked...

Uber Drivers Are Workers, Rules EAT

The Employment Appeal Tribunal (EAT) has upheld the decision of the Employment Tribunal last year that Uber drivers are workers, rather than being self-employed, and thus have the right to be paid the National Minimum Wage or the National Living Wage and to...

Banter Doesn't Create a Contract

The trouble with light-hearted discussions of important business matters in a social context is that none of those present can really be sure whether any agreements apparently reached are serious or merely a joke. Exactly that happened in one case in which...

HMRC Aren't Always Right

According to the Government's GOV.UK website, if you are a company director, you have to file a tax return every year. It says that every UK company director must send in a personal self-assessment tax return annually, and that this must be done even without...

Failure to Ascertain Baby's Position Leads to Catastrophic Injury

When doctors failed to ascertain a baby's position before a forceps delivery, the terrible result was an acute spinal cord injury to the baby, leaving him quadriplegic and unable to breathe without a ventilator. The boy, who is now eight years old, was one...

Take Extra Care When Buying Abroad

It is estimated that more than 800,000 Britons now own property abroad. What used to be highly exceptional may now seem rather commonplace, but that is no reason why buyers should relax their vigilance over the process. In particular, it is absolutely vital...

Employee, Worker or Self-Employed Contractor?

When distinguishing between employees, workers and self-employed contractors, bargaining positions can provide a useful litmus test. That was certainly so in a further case on this topic in which an Employment Tribunal (ET) found that a bicycle courier was a...

Use It or Lose It

Having a trade mark is all well and good, but a recent case should serve as a reminder that failing to use trade marks may lead to them being lost. The case involved a trade mark for a cigarette brand which was registered to a tobacco company in the USA. ...

Widow and Children of Bike Crash Businessman Win Over £470,000

When a mother or father dies as a result of negligence, the law does not leave their dependent loved ones to sink or swim. In one case, the widow and two children of a property developer who died two years after being gravely injured in a road accident...

Executors and Taxes

An executor of an estate is personally responsible for his or her actions, so as well as there being significant duties, on occasions the role can also involve significant risks. One example of this would be where an executor completes the estate...

Facts Determine Tax Treatment of Dilapidations Payment

Virtually all leases have clauses which stipulate that when the lease comes to an end, the tenant must leave the premises in the same condition as they were in when they entered them, and the negotiations over the termination of a lease will often involve a...

BT Engineer Settles Hearing Loss Claim

Hearing loss and tinnitus, being invisible and usually progressive, are often not noticed until well advanced, by which time the probability of there being any effective treatment is exceedingly low. However, the link between high noise levels and hearing...

Holiday Fall Grandmother Defeats Hotel's Claim That She Was Drunk

Solicitors are not easily intimidated and are well able to defend their clients against groundless accusations. In one case that proved the point, a grandmother won over £30,000 in damages after defeating claims that she was drunk and wearing...
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