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Should vulnerable people who lack the mental capacity to make important decisions for themselves be vaccinated against COVID-19 even in the face of objections from their loved ones? The High Court confronted that uniquely difficult issue in the case of an...
Arbitration clauses are commonplace in commercial contracts and generally provide a relatively swift and cost-effective route to resolving disputes without resort to full-blown litigation. Their correct interpretation can, however, present a challenge and...
Disputes between neighbours frequently inflict enormous emotional and financial harm on all involved. A High Court dispute concerning use of a shared driveway showed why any lawyer would advise sensible negotiation as a far better alternative to...
When exercising a break clause in a commercial lease, tenants are usually required to deliver up a property with vacant possession – but what exactly does that mean? The High Court confronted that issue in a case concerning a recording studio which...
Some shop floors are rough and ready places where foul language abounds, but if a worker makes a racist or other discriminatory comment it is likely to be the employer who ends up carrying the legal can. An Employment Tribunal (ET) ruling underlined the...
Even apparently obvious or trifling clerical errors in a will or codicil may provide fertile ground for dispute and that is why it is so important to have such documents drafted by a professional. In a High Court case on point , a straightforward...
Working out the financial consequences of divorce takes time and that is why judges have the power to make interim maintenance awards to bridge the gap. In an important ruling, the Court of Appeal gave guidance on how that power should be exercised to...
Purchasers of private companies sadly often feel that they have been sold a pup, but making such an assertion is a great deal easier than proving it. That was certainly so in a case concerning the acquisition of a commercial lettings agency in which the High...
The vexed distinction between building works that qualify for VAT zero-rating and those that do not can be puzzling even for construction industry professionals. A case on point focused on the tricky legal consequences of almost £450,000 in VAT having...
Individuals can feel almost powerless when faced with the might of large corporations but, with the right legal advice, that is very far from being so. In a case on point, a judge ruled that an international airline had no right to charge a passenger almost...
Lockdowns put into force in response to the COVID-19 pandemic have rendered many commercial contracts unprofitable if not entirely inoperable. In a guideline case, the High Court considered where unforeseen losses arising under a local authority contract ...
The VAT regime is far from straightforward and anyone going into business on their own account should take professional tax advice at the outset. In a striking case on point, a driving instructor who was recovering from a life-threatening bout of COVID-19...
Pressure on the housing market has led to the conversion of many redundant office buildings into flats and the number of such projects is likely to be greatly increased by shifting work patterns brought about by the COVID-19 pandemic. A Court of Appeal...
The much-criticised practice of some landlords and their agents of excluding those in receipt of state benefits from obtaining private rented accommodation has been effectively outlawed by a judge's ruling on the basis that it amounts to indirect...
Cross-border child abduction is an all too frequent result of broken relationships but it is also unspeakably cruel and English judges take their international treaty obligations to stamp it out very seriously. The High Court powerfully made that point in...
The word 'disability' may summon images of people suffering from grave physical incapacity but, in employment law terms, it has a much broader meaning than that. In an employment case on point, a woman who was suffering from the ill effects of the menopause...
Professional writers often receive assistance and inspiration from friends, family and others, but to what extent, if any, should their contributions be recognised in law? The High Court addressed that issue in the context of a broken relationship between...
The task of administering your estate after your death will be made all the harder if your will is not drafted with the precision that only a professional can provide. That was certainly so in one case concerning a retired racing driver's will which failed...
One might think that an inspection of the Land Register would be a conclusive and straightforward means of identifying the owner of any particular property. However, an unusual case concerning a former industrial site showed that these matters can be...
If you feel that your neighbours' building plans will impact on your views or otherwise harm your enjoyment of your home, you should not hesitate to consult a solicitor. In one case, a couple who did just that succeeded in blocking construction of a...
