Latest News

Claiming VAT on Cars - New Cases Give Hope

Anyone who has tried to recover the VAT on the purchase of a car, particularly an expensive one, will know that few things are as likely to prompt a VAT query. The conditions under which such a claim can be made are strict (see the Value Added Tax (Input...

Definitive Plan Decides Boundary Dispute

Boundary disputes are commonplace and, unless skilfully mediated, can often spiral out of control, ending up in legal action the cost of which far exceeds the value of the land under dispute. One of the more important principles in such disputes is often a...

Landlord Repairs Must Be Reasonable, Not Most Economical

A long leasehold tenant has had mixed fortunes in opposing a charge for more than £55,000 after her council landlord undertook a major programme of repairs to the block in which she lives. Under the terms of her lease, the council was required to keep...

Tax Penalties Avoided for Those Affected by IT Glitch

With HM Revenue and Customs (HMRC) pressing ahead with plans to make 'customers' deal with them only digitally, it is good to see that when a system issue with the EE network meant that some of the company's customers were unable to access the HMRC website...

Court of Appeal Rejects Pimlico Plumbers' Appeal in Employment Status Case

There have been a number of recent cases looking at the precise nature of the employment status of those working for employers who like their operatives to appear to clients as their representatives but who operate a model of self-employment. In Aslam and...

Court Enforces Pre-Nuptial Agreement

When the marriage of a wealthy couple broke up, the English court had the opportunity to consider the impact of two pre-nuptial agreements the couple had made before they wed. The couple, both Swedes, married in 2000 and had had two children by the time...

Knife-Edge Timing Solves £2.4 Million Construction Contract Dispute

In a striking piece of knife-edge timing, a property developer has convinced the High Court that it was reassigned rights under a construction contract just before a multi-million-pound dispute was placed before an adjudicator. The decision means that the...

Problems for Family Unaddressed as People Still Shun Wills

The latest research from National Savings and Investments shows that a staggering 64 per cent of adults in the UK have not made a will, and that 38 million adults have made no arrangements for their retirement or provision for long-term care, although half...

Driver Need Not Enforce Wheelchair Space on Bus, Rules Court

The Supreme Court has ruled on the long-running dispute between First Bus and a disabled passenger who sued the bus company after a driver declined to intervene when a passenger occupying the wheelchair space refused to move. The disabled passenger, who...

Customer Details Email Leads to Fine for Ex-Employee

When an employee left her recruitment agency employer, she took the dubious step of emailing to her private email address the personal data of about 100 of her clients and contacts. She subsequently used the data to contact them in connection with her new...

Failure to Reveal All Proves Costly for Developer

The standard pre-contract enquiries made by a solicitor when a client is intending to purchase a property include querying whether there are any disputes which may affect the value of the property being purchased. When a woman bought a flat in a block of...

Type 2 Diabetes and the Definition of Disability

Whilst people suffering from cancer, multiple sclerosis or HIV are automatically deemed to be disabled for the purposes of the Equality Act 2010 , in the case of other illnesses, whether or not a worker is disabled will depend on whether or not their...

Gender Pay Gap Reporting

In spite of the Equal Pay Act 1970 , which prohibited less favourable treatment between men and women in terms of pay and conditions, and subsequent equality laws, there is still a significant gap between the pay of men and women in the UK. To try to...

Woman Aged 96 Wins £223,000 for Negligent Investment Advice

The complexities of financial advice can be bamboozling, particularly for the elderly, but one High Court case – in which a 96-year-old woman won more than £220,000 in damages in respect of negligent advice – strikingly showed that expert...

English Jurisdiction Clauses - Court of Appeal Cracks Down

English law is well-developed, written in the universal business language and the English judicial system has a deserved reputation for fairness. It is not surprising, therefore, that vast numbers of international contracts incorporate English jurisdiction...

Court Corrects Bureaucratic Nightmare for Family

One of the most important roles played by judges is to protect individuals against unlawful treatment by the state. In one unique example, the High Court came to the aid of a couple who found themselves caught in a legal nightmare after their twins were...

Solicitor Evidence Crucial in Proving Will Valid

A recent case shows the importance of involving a solicitor in the preparation of a will, especially where it is considered that an attempt to invalidate it on the grounds of lack of mental capacity may be made. It involved an elderly man who changed his...

Ignore the Planners and See What Happens

A landlord who decided to go ahead with a property development after the planners had turned it down ended up significantly worse off after he was successfully prosecuted. Having had his application to turn his existing property into nine flats rejected,...

Unexplained Delay Denies Right to Give Evidence

A recent case in which a litigant who waited more than a year to file its final defence against a claim had its late submissions rejected by the court is a reminder that tardiness in legal proceedings can have serious consequences. After receiving the...

Business Sales and Domain Rights

Buying and selling a business can be a complex matter and engaging a professional to make sure that deals are watertight and all the necessary actions are taken is a sound investment. In one case where that did not happen , a costly dispute developed...

Tax Evasion Assistance - Changes in the Law

New rules which came into effect on 1 January 2017 will see professionals who deliberately aid clients to evade (not avoid, which is legal) tax saddled with penalties of the higher of £3,000 or 100 per cent of the tax they helped their client evade. ...

Sending Employees to the USA - Some Tax Pitfalls

With Brexit looming and the likelihood that firms will look more seriously at doing business in what appears to be a broadly favourable business environment under the Trump regime, it is worth pointing out that sending employees to the USA to work with...

Carrying Out Building Works? Consult Your Neighbours First!

Disputes between neighbours can be agonising, both emotionally and financially, but taking advice at an early stage can swiftly draw the sting. In one case where matters were allowed to get out of hand, a pensioner was left at risk of losing his home after...

Re-Engagement of Unfairly Dismissed Workers - EAT Gives Guidance

An Employment Tribunal (ET) has the power to direct reinstatement of a worker who has been unfairly dismissed or their re-engagement in another appropriate role. However, as one case involving a veteran nurse illustrates, the practicability of such orders...

Corner Shops Under Residential Development Pressure

Convenience stores are a common sight on urban street corners and provide a much valued service, but they are vulnerable given the ever increasing demand for more new homes. In one case, a shopkeeper failed in a High Court bid to overturn prior approval to...
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