News

First Conviction Under the Bribery Act
06 Feb 2012
A former Magistrates’ Court clerk has become the first person to be convicted under the Bribery Act 2010. Munir Yakub Patel pleaded guilty to bribery and misconduct in public office. He admitted taking a £500 bribe from a... - Read

Rest Breaks – Appropriate Alternative Arrangements
06 Feb 2012
Under the Working Time Regulations 1998 (WTR), workers are entitled to an uninterrupted 20-minute rest break if their daily working time exceeds six hours. However, there are exceptions to this general rule to take account... - Read

Information Withheld Allows Contract to be Rescinded
03 Feb 2012
It is surprising indeed when a standard and widely used contract term is held to be unreasonable, but that is precisely what happened recently when the particular facts of a case meant that the contract for a property... - Read

Claimant’s Duty to Mitigate Loss
03 Feb 2012
A claimant in the Employment Tribunal (ET) has a duty to take all reasonable steps to mitigate his or her loss. If the ET finds that the claimant has failed to do so, it has the power to reduce the amount of the compensation... - Read

Costs Spiral When Fight Prolonged
03 Feb 2012
When legal fees of £105 million were claimed in respect of a claim for injury to more than 30,000 people resulting from the dumping of toxic materials that was settled for £30 million, the dispute was inevitably going to drag... - Read

Facts Determine if Adjudicator’s Decision Must be Revisited
02 Feb 2012
When the construction of a village hall did not proceed as planned, the commissioning town council and the builders fell into dispute over a number of issues. As a result, the builders issued a notice of adjudication to... - Read

Sisters Lose Battle Over Father’s Estate
02 Feb 2012
Three sisters who challenged their late father’s will have lost their battle at the High Court. The will was made the day George Wharton, who was suffering from terminal cancer, was discharged from hospital, in anticipation of... - Read

In Brief - Guidance on Intellectual Property Infringement
01 Feb 2012
If your business infringes the Intellectual Property (IP) rights of others, you could face civil and/or criminal proceedings against you and your business. Employers can be held vicariously liable for IP infringements... - Read

Divorce and Family Location
01 Feb 2012
When a marriage breaks up, it is usual for the couple to separate physically as well as legally and in some cases the physical separation can be considerable. With the increase in international travel and residence abroad... - Read

Expertise Critical to Avoid Negligence
31 Jan 2012
A recent case shows the lack of wisdom of undertaking expert work unless you have the necessary expertise. It is generally accepted that property valuation is an imprecise science. Accordingly, when the accuracy of... - Read

Amateur Footballer’s Compensation Award – Council Appeals
31 Jan 2012
An amateur footballer who was seriously injured while playing on a poorly maintained pitch was recently awarded £22,700 in compensation at Dewsbury County Court. Paul Zoledziejewski, a 33-year-old mechanic, was playing... - Read

Causation and Vicarious Liability in Whistleblowing Cases
30 Jan 2012
Under Section 47B of the Employment Rights Act 1996 (ERA), a worker has the right not to be subjected to unwanted treatment amounting to a detriment because he or she has made a protected disclosure. In NHS... - Read

Here Comes the Sun (and Electricity)
30 Jan 2012
Many leases contain stipulations that tenants may make alterations to their let property with the consent of the landlord and that such consent ‘will not be unreasonably withheld’. With the economic benefits attaching to... - Read

Contract Terms Decide Commission Entitlement
27 Jan 2012
When an agent finds a buyer for a property, the vendor must pay the estate agent’s fee. That would seem to be a straightforward enough proposition, but a recent case shows how important it is to make sure that the... - Read

HMRC Attack on Discounted Gift Scheme Succeeds
27 Jan 2012
So-called ‘discounted gift schemes’ have been used in Inheritance Tax (IHT) planning for many years. The basic idea behind them is that a gift is made by a person whose estate is likely to be subject to IHT and the gift is... - Read

Government to Consult on ‘Protected Conversations’
26 Jan 2012
The introduction of ‘protected conversations’ between employers and employees was first mooted in a speech given by the Prime Minister on promoting exports and growth. A protected conversation would be one in which... - Read

Acceptance of Risk Negates Claim
26 Jan 2012
Injuries by animals present a particular problem when assessing liability in personal injury cases and the lack of clarity of the Animals Act 1971 is unfortunate in that respect. A recent decision, however, affirms the position... - Read

Directors Who Misled Creditor Personally Liable
25 Jan 2012
When a supplier to a marquee company was not paid for goods it had supplied, the directors told the supplier that the company was waiting for an insurance claim to be settled, after which payments would be made as... - Read

Interest on Tax on Gift – Assessment Date Crucial
25 Jan 2012
Although most people know that gifts will normally not be subject to Inheritance Tax if the donor survives for seven years after they are made, it is less well known that there is another tax which can be triggered by a... - Read

Anti-Hunting Stance Constitutes a Philosophical Belief
24 Jan 2012
When first introduced, the Employment Equality (Religion or Belief) Regulations 2003 prohibited direct discrimination, indirect discrimination, victimisation and harassment in the workplace by reason of any ‘religion... - Read

Construction Dispute Confirms Adjudication Allows Broad Brush Approach
23 Jan 2012
When a construction dispute over three separate contracts arose, both sides to the dispute (a contractor and a sub-contractor) agreed to the appointment of an adjudicator. The adjudicator was appointed by the firm... - Read

DNA Sample Can be Taken from Mentally Incapable Adult
23 Jan 2012
When a person cannot manage their own affairs due to mental incapacity, the Court of Protection (COP) will appoint a deputy to do so on their behalf. The duty of the deputy is to manage the person’s affairs in their... - Read

Court Refuses HMRC Right of Appeal in Tax Avoidance Case
20 Jan 2012
The Supreme Court has denied HM Revenue and Customs (HMRC) the right of appeal in a tax case involving a series of transactions that were carried out for no commercial purpose but which led to a tax saving by the... - Read

Beware What You Say on the Web!
20 Jan 2012
The laws relating to defamation apply just as much to material posted on the Internet as they do to articles in newspapers and magazines. It is therefore risky to post comments that can be construed as defamatory on the... - Read

Reforms to the Employment Law System
19 Jan 2012
The Government has announced its proposals for reform of the employment law system following its consultation, ‘Resolving Workplace Disputes’, and the Red Tape Challenge review of employment law. The aim... - Read