logo
traditional values modern thinking traditional values modern thinking traditional values modern thinking traditional values modern thinking
go to individual servicesgo to business servicescall

News

Disclosure Ordered When Litigation Not Dominant Purpose of Report
01 Sep 2014
When an expert report or advice is commissioned from external advisers, it is important to be aware that the report may be disclosable if its subject matter becomes relevant to litigation. In a recent case, the buyer of a business resold it some time later, which had the effect...

Twelve Months' Good Behaviour Holds Tenant in Good Stead
31 Aug 2014
Sometimes, the fact that legal issues can take a long time to reach court means that the circumstances which gave rise to the proceedings have changed significantly by the time the dispute is heard. That was the case when a city council sought repossession...

Revised Codes of Practice on Preventing Illegal Working
30 Aug 2014
Employers have a responsibility to prevent illegal working in the UK by ensuring that their employees have the right to work here. This involves carrying out document checks on people before employing them in order to confirm that they have a legal right to work here...

End of Legal War Over £50,000 Personalised Car Registration
29 Aug 2014
A businessman has triumphed in a marathon legal dispute over a car registration mark worth £50,000 after the Court of Appeal ruled that it was not included in the sale price when the supercar to which it had been attached was sold at auction...

HMRC to be Given Powers to Enforce Payment
28 Aug 2014
Under proposals outlined in the recent Budget, from 2015 HM Revenue and Customs (HMRC) are to be given new powers to access the bank accounts of 'tax debtors' in order to remove sums needed to satisfy tax debts due. The right will only be exercised when the tax due...

Children and Relationship Breakdown
27 Aug 2014
When cohabitants with children break up, the legal responsibilities of the parents as regards the children are governed by the Children Act 1989. If amicable arrangements as regards the children cannot be made, the Family Court will rule...

Dock Worker Subjected to Homophobic Abuse Wins Dismissal Claim
26 Aug 2014
A dock worker who was summarily dismissed for gross misconduct following an alleged incident involving him and a fellow worker has been awarded a total of £45,000 in compensation for unfair dismissal and harassment on the grounds of sexual orientation...

New Consumer Protection Regulations – Traders Take Note
25 Aug 2014
Suppliers of goods to the public should be aware that the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to contracts concluded on or after 13 June 2014. The Regulations implement into UK law the EU Consumer Rights...

Similarity of Wording to HMRC Example Turns Inheritance Dispute
24 Aug 2014
If you are considering using a will which makes use of your 'nil-rate' band for Inheritance Tax (IHT), leaving the residue of your estate elsewhere, a recent case shows the potential complexities that can arise if the wording is not absolutely unambiguous...

Similarity of Wording to HMRC Example Turns Inheritance Dispute
24 Aug 2014
If you are considering using a will which makes use of your 'nil-rate' band for Inheritance Tax (IHT), leaving the residue of your estate elsewhere, a recent case shows the potential complexities that can arise if the wording is not absolutely unambiguous...

In Brief - The Right to Request Flexible Working Arrangements
23 Aug 2014
Employers are reminded that from 30 June 2014, the right to request flexible working arrangements is extended to all employees who have completed 26 weeks' qualifying service. The statutory procedure for dealing with such requests is repealed and replaced...

PR Agency Pays Breach of Privacy Damages
22 Aug 2014
In an unusual case, which revealed that it is not just the press that is affected by the developing law of privacy, a PR agency that inadvertently disclosed details relating to a property agent's departure from his job has been hit with a substantial damages...

Contract Protects Architects From Full Impact of Claim
21 Aug 2014
When a couple engaged a firm of architects to manage the refurbishment of their house, the architects inserted a 'net contribution clause' into the contract. The intention of the clause was to limit the liability of the architects to the extent to...

Unclear Wording on Property Access Rights Leads to Court of Appeal
21 Aug 2014
Many court battles arise because of a lack of clarity in documentation which leaves an agreement capable of being interpreted in more than one way. A recent case, which involved a landowner's access to his property, illustrates this point. The conveyance...

Employee Not Entitled to Protection from the Sun’s Rays
20 Aug 2014
In a case which demonstrates that there is a limit to the duties owed by employers under health and safety legislation, the Court of Appeal has rejected arguments that a local authority was obliged to provide sun cream and a hat for a gardener who...

Court Cures 'Clerical Error' in £6.9 Million Will
19 Aug 2014
The High Court has come to the aid of a family whose grief at the death of a gifted entrepreneur in a motorbike crash was compounded by the discovery of a 'clerical error' in his £6.9 million will. Before the businessman's death at the young...

Shadow Director Owed Company a Fiduciary Duty, Rules Court
18 Aug 2014
Shareholders are not necessarily directors of a company, which may lead them to believe that they cannot be held responsible for the actions of the company in which they have a stake. However, when a shareholder (or anyone else) exerts...

Judge Calls Halt to Fifty-Year Inheritance Saga
17 Aug 2014
An 'extraordinary saga' that began in a seaside hotel more than 50 years ago – and ended with a bitter dispute between elderly ladies over a £2 million architectural gem on the Cornish Riviera – has been finally brought to an end by a judge. Two daughters...

Court Rules on Basement Extension Dispute
15 Aug 2014
In a case which raised novel issues of interest to landlords and tenants, as well as to charities, a homeowner has suffered a costly defeat in a marathon legal campaign to block his neighbours' plans for an underground swimming pool...

Court Denies Father Direct or Indirect Access to Daughter
14 Aug 2014
When a relationship breaks down and the couple have children, the Family Court will always put the best interests of the children first in determining residence and contact arrangements. The Court begins with the assumption that for children to have...

Maternity Leave and Surrogacy – Update
13 Aug 2014
The purpose of EU Directive 92/85EC – the Pregnant Workers Directive – is 'to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding'. In the UK, surrogacy is...

English Law Proves Decisive in Dispute Over Mexican Lease Guarantee
12 Aug 2014
London is the world's number one venue for international litigation and many cases are heard in England which relate to foreign contracts. In one such, the landlord of factory premises in Mexico has won permission to enforce in England and Wales...

High Court Grants Order for the Inspection of Ex-Employees' Computers
10 Aug 2014
When considering an application for a mandatory injunction pending trial proceedings, the court must determine which course is likely to involve least risk of injustice if it turns out to have been the 'wrong' decision. In a case concerning commercial confidentiality...

Court Removes Attorneys Who Abused Position of Trust
09 Aug 2014
The creation of a power of attorney is a good way of making sure that your affairs are dealt with by a responsible person if you are unable to manage them yourself. However, when the choice of attorney is a poor one, many difficulties can arise, as a recent...

Massive Fine and Disqualification for Director Following Corporate Manslaughter Conviction
08 Aug 2014
The fact that the Corporate Manslaughter and Corporate Homicide Act 2007 has real teeth has been illustrated by the announcement of a sixth prosecution under the Act. Mobile Sweepers Limited entered a plea of guilty to a charge of corporate...