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Relationship Break-Up and Tax
25 Jul 2014
Getting divorced is never a pleasant experience and couples going through the process have a lot to think about. Whilst management of the tax consequences of the split is not normally at the top of their priority list, these can be considerable, even where family...

In Brief - Challenge to the Unfair Dismissal Cap Fails
23 Jul 2014
In July 2013, a 12 months' pay cap was placed on the unfair dismissal compensatory award if this amount is less than the statutory maximum or overall cap – currently £76,574. Where the employee's annual salary exceeds the limit, the statutory maximum applies...

Delusions Do Not Prevent Creation of Valid Will
22 Jul 2014
The difficulties of challenging a will on the ground that a person lacks mental capacity (more commonly known as not 'being of sound mind') were clearly illustrated by a recent case. It concerned a challenge to the will of a delusional man who...

Court Ruling Helps to Define Insolvency
21 Jul 2014
For what seems to be a relatively easy concept, the meaning of 'insolvency' has proven to be a surprisingly contentious issue for the courts over the years. This is important because when insolvency occurs, the courts can seek to overturn...

Binding Contract or 'Agreement to Agree'?
20 Jul 2014
In a case which helps to distinguish between an 'agreement to agree' (which would be unenforceable in law) and a binding contract, the High Court has ruled that a joint venture to develop a multi-million-pound hotel probably never got beyond the...

CJEU Rules on Holiday Pay and Unearned Commission
19 Jul 2014
In the latest in a series of cases on the correct calculation of holiday pay (Lock v British Gas Trading Limited and Others), the Court of Justice of the European Union (CJEU) has followed the preliminary opinion given by the Advocate General...

Wayward Son Stripped of Power of Attorney
18 Jul 2014
It is a regrettable truth that even close family members cannot always be trusted to do the right thing, as illustrated by a case dealing with a wayward son who was appointed as attorney over his elderly mother's financial affairs. Unfortunately, he...

In Brief - Acas Issues Revised TUPE Guidance
17 Jul 2014
The Advisory, Conciliation and Arbitration Service (Acas) has issued revised guidance for employers on how to handle transfers to which the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply...

Banks Score £100 Million Tax Saving on Employee Bonuses
17 Jul 2014
Two leading investment banks have achieved tax savings of almost £100 million after the Court of Appeal accepted that schemes designed to avoid payment of Income Tax (IT) and National Insurance Contributions (NICs) on employee...

Who Carries the Cost of Mental Illness?
16 Jul 2014
When the state becomes involved in paying for care, there are often complications, as a recent case illustrates. It involved a mentally ill man who had spent almost half his life detained in psychiatric hospitals. He subsequently...

Bitter Family Dispute When Promises Not Kept
16 Jul 2014
When a person relies on a promise made by another person to their detriment, the law provides a mechanism by which the promise made can, when the circumstances permit, be legally enforceable. Such cases are particularly common...

Travelling with your gun – What you need to know
16 Jul 2014
I was recently asked to advise an estate where gamekeepers’ vehicles were being routinely pulled over by the police at the roadside and searched, for no apparent reason other than that, some months before, a dead buzzard had been found in the area and the opinion of the Wildlife Crime Officer that “all gamekeepers are at it”. Not surprisingly, my client took exception to this...

Dismissal for Gross Misconduct – What is Reasonable?
15 Jul 2014
Under the Employment Rights Act 1996 (ERA), whether or not dismissal for a reason connected with an employee's conduct is fair or unfair depends on whether, in the circumstances, the employer acted reasonably...

Goodwill Not Necessarily a Company Asset
14 Jul 2014
The way in which a business is structured has many ramifications and can be especially important on sale, as a recent case shows. It involved a bakery company specialising in the sale of Turkish style products. When...

New Act Spells Trouble for Social Landlords
13 Jul 2014
The Anti-Social Behaviour, Crime and Policing Act 2014 (which recently received the Royal Assent) is being introduced in stages during 2014. One aspect of importance to social landlords is that the right to obtain a 'statutory...

In Brief - New Minimum Wage Rates
12 Jul 2014
The Government has accepted the recommendations of the Low Pay Commission for the National Minimum Wage (NMW) rates for 2014/2015. The following changes will come into effect on 1 October 2014...

Funding Care in Later Life
11 Jul 2014
Under the changes proposed in the Care Act 2014, which received the Royal Assent in May and which is expected to come into effect in 2015 or 2016, the funding of elderly care will change significantly. One of the...

Non-Directors Did Not Owe Fiduciary Duty Over Patents
10 Jul 2014
When intellectual property rights are not the subject of proper agreements, the likelihood of a dispute arising is increased. When the responsibilities and rights of employees are not precisely stipulated, there is also...

Nuisance Law Clarified By Concrete Spill Case
09 Jul 2014
In a test case that entailed a lengthy analysis of the law of nuisance, a water company whose sewer was blocked by concrete in a freak accident has failed to convince the Court of Appeal that it is entitled to compensation...

Offer to Help Leads to Duty of Care
09 Jul 2014
In general, a landowner does not owe a duty of care to people who voluntarily take risks while on the landowner's property. However, a recent case in the Court of Appeal has illustrated that this may not be the...

Discrimination – Religion or Belief
08 Jul 2014
A nursery manager has failed in her attempt to persuade the Employment Appeal Tribunal (EAT) that she had been subjected to unlawful discrimination because of her religion when she was dismissed from her post...

HMRC Can Require Disclosure at Request of Foreign Tax Authorities
07 Jul 2014
When the Australian Tax Office (ATO) made a request to HM Revenue and Customs (HMRC) for information about a number of UK companies, HMRC was happy to comply with the request, despite the fact that the companies...

88th Birthday Will Valid, Rules Court of Appeal
07 Jul 2014
A mother who decided to change her will at a birthday party attended by all her children except the one disadvantaged by the change had the mental capacity to do so, despite suffering from mild dementia, the Court...

Court of Appeal Rules on Air Passenger Compensation
07 Jul 2014
The Court of Appeal has handed down judgments in two cases which clarify the rights of passengers whose flights are delayed. The first case concerned a Jet2.com flight from Malaga to Manchester which was...

Changes to Directors' Disqualification and Company Ownership Disclosure Rules On the Way
04 Jul 2014
The Government has announced proposals to make sweeping revisions to the regulations concerning the disqualification of directors. The changes will generally operate to make the regime more punitive towards directors whose behaviour is deemed to warrant a penalty.