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Distance No Obstacle to English Divorce Courts
16 Apr 2014
The judge came down hard on a Singapore-based businessman who first told his ex-wife that she was entitled to more than €2 million from the sale of company shares – before seeking to reduce that figure a few months...

Changes to Pensions Auto-enrolment
15 Apr 2014
In response to feedback from employers already subject to the requirement to automatically enrol certain workers into a pension scheme, in May 2013 the Department for Work and Pensions (DWP) carried out a consultation...

Theatre Director Strikes Legal Blow for the Elderly
14 Apr 2014
A globe-trotting theatre director who fought a marathon legal campaign to save the value of her beloved childhood home from being eaten away by her mother's care home costs has triumphed in a High Court test case...

Relief as Landlords Can Again Look to Administrators for Rent
13 Apr 2014
When a company enters administration, the expenses it has incurred prior to the administration have a different status from the expenses incurred by the administrators. These latter expenses are in effect preferential...

Valid 'Pre-Nup' Scuppers Claim By Ex-Wife
12 Apr 2014
Following recent reports that pre-nuptial agreements are soon to be given legislative support comes a case in which the current attitude of the courts towards 'pre-nups' has been made clear. It involved a wealthy couple...

Annual Inflation-Linked Changes in Tribunal Awards
11 Apr 2014
Traditionally, annual inflation-linked increases or decreases in limits on the compensation amounts which can be awarded by employment tribunals came into effect on 1 February each year. However, Section 22 of the...

Criminal Injustice
11 Apr 2014
On Friday 7 March 2014, solicitors and barristers united in opposition to further legal aid cuts which, on any view, are savage. Hundreds gathered outside Parliament and thousands more boycotted courts, to draw attention to what they believe is a ruthless and systematic...

Moor is Less Than Possession
10 Apr 2014
Boats moored on rivers have been at the centre of more than their fair share of disputes over the years. In a recent case, the High Court was asked to rule on whether 'mooring roots' used to moor barges on the riverbed...

Relying On an Expert Not Enough
10 Apr 2014
When a couple entered into an artificial tax-saving scheme which subsequently failed, they placed the blame firmly at the door of the Isle of Man tax consultancy that had advised them. The scheme involved the purchase...

Large Damages Claims – Tax Exemption Withdrawn
09 Apr 2014
Damages paid for loss of income are taxable but, by concession, most damages paid as a capital sum for not taking court action have been exempt from taxation to Capital Gains Tax (CGT). If the damages paid can be linked...

Warners Solicitors secures Law Society's new quality mark
09 Apr 2014
Warners Solicitors in Tonbridge and Sevenoaks has been one of the first firms in the country to secure membership to the Law Society's Wills & Inheritance Quality Scheme (WIQS). Warners Solicitors underwent...

Shared Parental Leave Reforms – Update
08 Apr 2014
Changes to the way parents can share maternity leave form part of the Children and Families Act 2014. Details as to how the proposed new system will work in practice are set out in draft legislation on which the Government...

Caravan 'Not a Dwelling'
07 Apr 2014
In a recent case, the High Court ruled that a touring caravan which had been brought onto land and affixed permanently was not a 'dwelling-house'. The decision came after the owner of the caravan, who had resided...

Nationality Trumps Residence in Battle for Child Custody
06 Apr 2014
Cases of marital breakdown with an international element are now commonplace. In one such case, the Supreme Court recently ruled that an American child should be returned to the USA after an order allowing him...

When is Ideal Not Ideal?
05 Apr 2014
When the publisher of Ideal Home (IH) magazine brought a legal action for infringement of its trade mark against the Ideal Home Show (IHS), the response was a counterclaim by IHS that IH's trade mark was invalid. Both...

Holiday Pay and Unearned Commission
04 Apr 2014
In the latest of a series of cases on the correct calculation of holiday pay (Lock v British Gas Trading Limited and Others), the Advocate General (AG) has handed down his opinion that a correct interpretation of the EU...

Council's Care Fees House Grab Attempt Stymied by Court
04 Apr 2014
The fear that the local council will force the sale of the family home is a real one for many elderly people and their families. Recently, an attempt by a council to force the sale of a 92-year-old woman's house was prevented on...

Incorrect Planning Permission Claim Not Actionable, Rules Court
03 Apr 2014
You would think that where you enter into a contract to buy a property because you have relied on a statement or statements made by the vendor that turn out to be incorrect, you would have a very good case for...

Adjudication Award Subject to Set-Off in Corporate Insolvency
02 Apr 2014
A recent case involving a builder who became insolvent whilst working on a couple's property led to an appearance in the High Court. The building company entered into a company voluntary arrangement (CVA). The terms...

Company Strictly Liable for Environmental Crime
01 Apr 2014
In law, some offences are called 'strict liability' offences. Where an offence is a strict liability offence, its commission alone, regardless of intent, is sufficient for a conviction to occur. In a case of importance to landowners...

Who Needs Insurance?
24 Mar 2014
No one wants to pay good money for something they never intend to use, right? And for anyone on a budget it may be tempting to shy away from the expense of insurance. After all, you’re a safe shot and only go out a few times a year so what are the chances of ever having to make a claim?

Guide on Firearms Licensing Law
24 Mar 2014
In October 2013, the Home Office published a “Guide on Firearms Licensing Law”. It is a substantial document, over 250 pages, containing comprehensive guidance on the complex law and procedures that apply. It replaces, “Firearms Law: Guidance to the Police”...

Simon Rozzier - Lawyer Profile
04 Mar 2014
Each month we catch up with one of our solicitors and find out a little bit more about them, this month we talk to one of our Private Client experts Simon Rozzier...

Innocent Hotelier Trapped by Corporate Failure
28 Feb 2014
In a bitter example of how an innocent party can be left to carry the financial can following a corporate failure, the owner of a hotel who paid £110,000 for diesel powered generating equipment has received judicial...

Prove It or Lose It
28 Feb 2014
A recent tax case shows how important it is to be able to prove one’s claims when dealing with the tax authorities. It involved a couple who moved to Belgium in 2001, having left the UK before 6 April that year. They...