Latest News

Unnecessary Risk-Taking Means Tour Operator Not Liable for Accident

With the holiday season upon us, a recent case shows that there are limits to the liability of tour operators when accidents occur, especially when they are the result of rash behaviour. The case involved a man who fell from the balcony of his hotel in...

Data Protection Latest

You'd have to be living on Mars not to know that the General Data Protection Regulation (GDPR) is now in force. Its strict provisions must be complied with (the penalties for failing are swingeing) and it is practically impossible to run any organisation or...

Witnesses Save the Day for Widow in Will Argument

A divorced man who remarried in his late 50s made a new will in 1998, one year after the marriage, which left his entire estate to his new wife. After he died, a home-made will was discovered, made shortly before his death. This left virtually his entire...

When Does Notice of Termination Take Effect?

Exactly when notice of termination takes effect can impact on an employee's entitlement to certain benefits or employment rights. In the absence of an express term in the employee's contract, if they are dismissed in writing and the letter is posted to their...

Jail for Husband Who Flouted Court Ruling

Court orders have to be obeyed and those who defy them can ultimately be sent to prison. Exactly that happened in one 'big money' divorce case in which an 83-year-old businessman repeatedly tried to thwart his ex-wife. Following the end of the former...

Landlords - Children Count Too!

When a landlord appealed against his prosecution for breaking a planning enforcement notice with regard to a house in multiple occupation (HMO) he owns, he used a rather novel argument to justify exceeding the limitation on the number of residents of the...

Inheritance Tax - 'Hope Value' Relevant to Property Valuations

When valuing a property for Inheritance Tax (IHT) purposes, is it legitimate to take into account its potential for enlargement or improvement – so-called 'hope value'? In a guideline ruling, the Upper Tribunal (UT) has answered that question in the...

Debt Management Company Investigation Brings Bans

There was a certain irony to a recent report that the directors of a debt management company – set up to offer advice and assistance to those with debt problems – have been banned from acting as directors for a total of 23 years after action was...

Siblings Pay High Price for Dishonest Assistance to Bankrupt Brother

If family members or friends are facing bankruptcy, it may be tempting to assist them in keeping their assets away from the clutches of creditors. The folly of such conduct was, however, strikingly revealed by a Court of Appeal case concerning a family...

Disability Discrimination - An Expectation to Work Long Hours

In United First Partners Research v Carreras , an employee who had returned to work after he was injured in a cycling accident claimed that a 'requirement' that he work long hours constituted a provision, criterion or practice (PCP) for the purposes of...

Will Wishes Rescinded by Court

One powerful reason why you should always seek legal advice before making your will is to ensure you meet your responsibilities to those who depend on you financially. In one case on point, the High Court effectively rewrote the will of a wealthy landowner ...

The Taxation of Termination Payments

The rules governing the taxation of termination payments have been tightened with effect from 6 April 2018 by means of legislation to amend Chapter 3, Part 6 of the Income Tax (Earnings and Pensions) Act 2003 . Hitherto, where the employee's contract of...

Oral Contract Existed as a Matter of Fact

When a decision is made as to what the facts are in a particular case, the judgment regarding those facts is normally accepted as not being able to be revisited in subsequent proceedings unless it was manifestly unreasonable or unfair, or subsequent evidence...

Future Earning Capacity Not a Matrimonial Asset

The Court of Appeal has made an important decision in a divorce case in which the main argument was over the availability of future income to fund maintenance payments in divorce settlements. The couple involved are both accountants and the husband is at...

Council Tax to Bite on Empty Property

In 2017, 205,293 dwellings in England were left empty for six months or more. With the housing shortage never far from the news agenda, steps to bring unoccupied houses back into use are being taken by the Government. Under the Rating (Property in Common...

Software Company Fails to Lock Out Customer

One aspect of intellectual property (IP) rights that is often not given much thought, but which can be extremely important indeed, is what happens when a licence to use comes to an end. Much computer technology is supplied by licence (it is quite rare for...

Confidentiality - Don't Give In to Threats

If you are facing menacing demands for money, you should take legal advice straight away. In a recent case, the High Court came to the aid of a wealthy married businessman who claimed to have been subjected to blackmail following a brief affair with a work...

Director Address Disclosures - Changes

Recent changes have made it easier for company directors to withhold disclosure of their private addresses in publicly filed documents. Prior to 2009, the usual residential address of all company directors was on file at Companies House in publicly...

Workplace Whistleblowing Protection

The Public Interest Disclosure Act 1998 – often referred to as the 'Whistleblowing' Act – gives workers legal protection when disclosing information relating to crimes, breaches of legal obligations, miscarriages of justice, dangers to health...

Under Financial Pressure? Don't Fall Into Dodgy Lenders' Arms!

Financial pressure can easily lead the unwary into the arms of unscrupulous lenders. One High Court case, in which numerous borrowers found themselves in legal limbo , shows how unwise it is to enter into such transactions without professional advice. A...
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