Latest News

Children Do Not Have to be Wrapped in Cotton Wool

Parents obviously bear responsibility for the safety of their children, but that does not mean that they have to be wrapped in cotton wool. A judge resoundingly made that point in rejecting claims that a mother was partially responsible for catastrophic...

Non-Disclosure is Fault of Policyholder Not Brokers

It is no real surprise that insurers are often not wildly enthusiastic about paying claims and will deny liability when they are able to do so. One condition which is normally present in a policy application is that the insured discloses any past criminal...

Tenants Must Bear Cost of Safety Improvements

Following the Grenfell disaster in 2017, cladding has come under close scrutiny with surveys being carried out as a priority in buildings across the UK. The failure to comply with Building Regulations (Part L1A 2010), which provides a framework for ensuring...

Greetings Cards Company Pays Price for Copyright Infringements

It is only right that those who make commercial use of others' creative ideas without permission should be hit hard in the pocket. Exactly that happened in a High Court case in which a greetings cards company was found to have serially infringed copyright...

Police Owed Duty of Care to Suicidal Woman - High Court Ruling

The first step in proving negligence is to establish that a duty of care is owed, and that can be no easy matter. However, in an important decision, the High Court has ruled that a police force owed such a duty to a suicidal woman who died from an overdose...

Possible Separation From Mother Intolerable, Rules Court

Relationships that start on the Internet are already leading to some interesting situations. A recent family case involved a British woman who had met a Pakistani man online and married him in the USA, where the couple had two children. Her husband had...

The 'Final Straw' and Constructive Dismissal

It is an implied term of any contract of employment that an employer should not act in a way that is likely to destroy or seriously damage the trust and confidence which an employee can expect from them. A serious breach of an implied contractual term or...

Accident Largely Your Own Fault? You Can Still Gain Compensation

People frequently suffer injury principally as a result of their own carelessness. As a High Court case strikingly showed, however, that does not mean they cannot win compensation where the injury they suffered was partly because of the negligent action of...

Hacking Episode a 'Reasonable Excuse' for Late Filing of Tax Returns

Taxpayers are personally responsible for filing their tax returns on time, and failing to do so can lead to stiff financial penalties. However, in one case, the First-tier Tribunal (FTT) ruled that a self-employed website developer whose accountants lost all...

Business Owners - How Secure Are You Against Sudden Eviction?

Business owners that fail to take legal advice and occupy premises on an uncertain basis are always at risk. In a High Court case exactly on point , a business college found itself locked out of its office block and embroiled in a costly dispute with the...

Money in a Bank Account Is Not Property - Guideline Court of Appeal Ruling

Money in a bank account represents the debt due from the bank to the account holder and is not 'property' in the eyes of the law. The Court of Appeal made that point in quashing the convictions of a woman who was accused of abusing her position as a senior...

Medical Negligence - Legal Advice is the Best Way of Uncovering the Truth

If your child is born disabled, taking legal advice is very often the only way to find out for sure whether medical negligence is to blame. The point was made by a High Court case in which a teenage girl won the right to multi-million-pound compensation. ...

Registered Your PSCs Yet?

Every UK company is required to identify the people who are 'persons with significant control' (PSCs). Essentially, PSCs are the people who own or have significant control over the company. Their details must be lodged with Companies House. Surprisingly,...

Disappointed Children Fail to Overturn Will

When a will is made late in life which materially changes how an estate is to be distributed (especially when the new will favours one of a number of children), a dispute following the death is almost inevitable. So it was when an 85-year-old woman made a...

Future Intention Leads to Tax Charge

The additional rate of Stamp Duty Land Tax (SDLT) is payable on purchases of 'additional dwellings' such as buy-to-let properties. A recent case dealt with the SDLT implications of the 2015 purchase of a house which the purchaser (a company) intended to...

Airline Steward Bitten By Venomous Insect Awarded £13,000

Almost every job involves at least some risk and, if you are injured at work, specialist lawyers should always be your first port of call. In one unusual case, an airline steward who suffered grave consequences after being bitten by a venomous insect during...

Pre-Nup Upheld When Implications Understood

Family judges will approach pre-nuptial agreements with greater respect following a landmark Court of Appeal ruling in a 'big money' divorce case . The Court agreed with Lord Phillips' opinion in Radmacher v Granatino that failing to honour such...

Dealing With Employee References

Contrary to popular belief, except in certain sectors (e.g. education and financial services), employers are not legally obliged to provide those who leave their employment with a reference unless they have given express agreement to do so. Where a reference...

Woman Wins Compensation for Lift Fall

Whilst most slips and trips are minor, the consequences are not always short-lived, as was evidenced by a woman who suffered a painful fall as she entered a lift. The floor inside the lift had recently been washed by a firm employed to clean the building,...

What Seems Reasonable to You...

It is a common term in a lease for the tenants to have to seek permission from the landlord if they want to do something new to or with the premises they let. Typically, such clauses specify that permission will not be 'unreasonably withheld'. However, what...
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