Legal News
In law, adopted children are regarded as having been born to their adoptive parents. The Family Division of the High Court recently considered whether that fact precluded a parental order being granted under the Human Fertilisation and Embryology Act 2008...
People who are injured when riding in a vehicle driven by someone else may still be entitled to compensation even if they are partly at fault for their injuries. This was demonstrated in a recent High Court case involving a boy who was injured when he fell...
The National Minimum Wage (Amendment) Regulations 2024 came into force on 1 April and provided for the following changes to the National Living Wage (NLW) and the National Minimum Wage (NMW) rates: The NLW, which now applies to those aged 21 and over...
When building owners carry out works on their property, are they liable for damage to adjoining properties that results from pre-existing structural issues? The Court of Appeal recently provided welcome clarification on that question . The owner of a...
Interim payments of damages can help meet an injured person's ongoing needs, such as care costs, before their case is settled. When deciding whether to order such payments, however, the courts will consider whether the amount claimed is likely to be covered...
When partners resign or retire from a partnership, the partnership agreement will normally govern their rights and responsibilities following their resignation. However, where the terms of their departure are not agreed, are they entitled to the value of...
Boys & Maughan has promoted experienced legal assistants Keeley Allen, Emily Luff and Orla Priston to the role of paralegal. As paralegals, Keeley, Emily and Orla are now advancing to the stage where they will independently assist their own clients. ...
A woman whose leg had to be amputated after an accident in the workplace is likely to receive substantial compensation for her injuries after her employer was successfully prosecuted by the Health and Safety Executive (HSE). The accident happened during a...
The best way to ensure your assets will be distributed as you wish is to have your will professionally drafted by a qualified solicitor. In a recent case, a challenge to the validity of an elderly man's will was dismissed by the High Court. The man had...
New guidance aimed at helping employers to understand their legal obligations relating to employees who are going through the menopause has been published by the Equality and Human Rights Commission (EHRC). The resource also provides details on the support...
Many road users will be only too aware of the increase in the number of potholes and uneven surfaces on the UK's roads. Figures released by the AA earlier this year indicate that two million incidents of damage to vehicles caused by potholes occurred in...
Custodial sentences very rarely come into play in the family courts. Where there have been repeated breaches of court orders, however, judges may have little choice but to clamp down. This was illustrated in the High Court during committal proceedings that...
At this time of year, many families are booking their summer holidays and looking forward to a break in the sun. However, holidays can turn into disasters if you have a serious case of 'travellers' tummy'. The best approach is to take sensible precautions...
When buying a property consisting of more than one residence, it may be possible to claim multiple dwellings relief (MDR) against Stamp Duty Land Tax (SDLT). However, there are certain conditions that must be met for an MDR claim to succeed, as a recent case...
The issue of bigamy and its potential impact on a person's ability to seek financial remedies in a divorce came under the legal spotlight recently . A husband made an application to strike out his wife's financial remedies claim on the basis that she had...
Umbrella companies across the UK will be taking note of an Upper Tribunal (UT) ruling which focused on tax-deductible expenses. An umbrella company that serviced clients in the construction industry appealed a First-tier Tribunal (FTT) decision, the FTT...
Damages claims for medical negligence are often resisted on the basis that there was no breach of duty on the part of medical staff and that earlier treatment would not have improved the outcome. However, the family of a man who contracted herpes simplex...
The Supreme Court has ruled that reforms to the way compensation for whiplash injuries is calculated do not limit the compensation payable for non-whiplash injuries suffered in the same accident. The Civil Liability Act 2018 and the Whiplash Injury...
Influencers on social media, and anyone involved in advertising and promoting products, would be well advised to make sure they are aware of their legal responsibilities. The Financial Conduct Authority (FCA) has published guidance on financial promotions...
The Law Commission has proposed draft legislation regarding a third category of personal property into which crypto-tokens and other assets could fall. This is the latest stage in the Commission's work on law reform that is designed to ensure the law can...
Cross-jurisdictional disputes surrounding child custody can be complex but, in cutting through the complexities, the courts will always focus on the welfare of the children involved, as was evidenced in a High Court case centred on a child abduction . A...
A new report commissioned by the Department for Work and Pensions (DWP) has issued a list of recommendations aimed at removing employment barriers for autistic people. The Buckland Review of Autism Employment was commissioned after figures from the DWP...
We often receive enquiries from clients when a relationship breaks down between two unmarried people and one party wants to sell the jointly owned property and the other doesn’t, or vice versa. Some clients feel that there is nothing that can be done...
Even when liability has been determined in personal injury claims, further disputes can remain in regard to the nature of compensation payments. In these instances, expert legal advice can prove invaluable. In a case on point, arguments arose as to how...
A case recently decided by the First-tier Tribunal (FTT) serves as a reminder to tenants to check the terms of their leases and to monitor the service charges they are asked to pay. The tenant of a ground-floor flat sought a determination of liability to...
Trade mark disputes often revolve around the perceived level of confusion that products might trigger amongst consumers. This was a key element in a case involving a long-established cider producer and a well-known retailer . Launching proceedings at the...
A High Court challenge brought by Marks & Spencer (M&S) has resulted in victory for the retailer. M&S contested a decision by the Secretary of State for Levelling Up, Housing and Communities to turn down planning permission for the...
The UK government is currently analysing feedback from a public consultation that could have an impact on access to personal injury compensation for military veterans and their families. 'Supporting Our Veterans: A Consultation' called on UK veterans and...
The UK government has launched consultations on the reintroduction of fees for claimants who want to bring a claim in the Employment Tribunal (ET) and appellants bringing an appeal in the Employment Appeal Tribunal (EAT). The proposed fees would apply to...
Unfortunately, will disputes can sometimes be drawn out long after the passing of the person who bequeathed their assets. This was so in a contentious probate battle which progressed to the Court of Appeal after a High Court judgment was challenged. The...
Personal injury matters often involve disputes regarding levels of risk and whether or not they were willingly taken by the claimant. This issue played a part in a case relating to an injury a man sustained during a game of football. During the course of...
Following changes announced in the UK's Spring Budget Statement, the VAT registration threshold for small businesses is set to be increased. Secondary legislation will amend the Value Added Tax Act 1994 to increase the VAT registration and deregistration...
The division of matrimonial assets is often the cause of protracted legal proceedings, where parties differ on what is due to whom. In a recent Family Court case , the question of whether or not a £2 million diamond formed part of such assets was the...
The Ministry of Justice has announced the appointment of an expert panel, who will consult with the Lord Chancellor on the ongoing review of the Personal Injury Discount Rate (PIDR). The PIDR helps to ensure that claimants receive full damages, including...
New legislation aimed at stamping out unfair practices and promoting competition in digital markets is set to come into effect later this year, after moving to committee stage in the House of Lords. The Digital Markets, Competition and Consumers Bill, which...
The impact of witnessing the sudden death of a loved one can never be underestimated, and in such instances people may be compelled to seek legal redress if they feel the death has been caused by another. A Supreme Court ruling has highlighted, however, how...
Failing to comply with court orders to bring children back to the UK, in instances where one parent has taken them abroad without the permission of the other, can come at a heavy cost. This point was underlined in a recent contempt hearing at the High Court...
The likelihood of 'actual confusion' occurring between two trade marks was put under the spotlight recently in a case coming before the High Court . The case centred on two pet insurers. The claimant alleged that their registered trade mark –...
Failing to take appropriate care when it comes to the mental health of employees can not only result in falling foul of employment law; it also comes with a risk of personal injury being inflicted. This was evidenced in an Employment Tribunal (ET) case...
The concept of unlawful eviction may bring to mind a picture of a malign landlord changing the locks and throwing a vulnerable tenant onto the street. However, a case in which a serving prisoner's protected tenancy was wrongfully terminated during his...
Reducing asbestos exposure in the workplace is a major thrust of a new awareness campaign launched by the Health and Safety Executive (HSE). Asbestos: Your Duty aims to improve understanding of what the legal duty to manage asbestos involves. Asbestos...
The ripple effect of fraudulent personal injury claims continues to be felt by many members of society, as insurance premiums are driven up and genuine claimants pay the price. It is no surprise, then, that the courts take a dim view of fraudulent 'cash for...
Misdescribing goods consigned to the UK with a view to evading import duties is a very serious matter. An American company trading in second-hand luxury watches found that out to its cost when five Rolex time pieces, valued at $59,000, were seized at...
The government is expected to report back soon on findings from a public consultation regarding a proposed licensing scheme for non-surgical cosmetic procedures in England. The government brought forward an amendment to the Health and Care Act 2022 which...
Divorce proceedings are rarely cut and dry, especially where the passage of time adds complexity to matters. This was certainly so in a recent case that required a Family Court judge to rule on the validity of a decree nisi . The case centred on the...
The damaging impact of air pollution on public health has long been recognised, with poor air quality said to be the largest environmental risk to public health in the UK. Despite evidence of long-term exposure to air pollution causing a variety of chronic...
A legal amendment that was made during the COVID-19 pandemic allowing the witnessing of wills to take place via videoconferencing has officially expired. As of 31 January 2024, the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order...
Where commercial agreements have been operating for many years, one party or another may well feel that they have become hopelessly out of date and unfit for purpose. However, as a High Court ruling showed , even very old bargains will be upheld if they are...
Wherever possible, the courts will do what they can to support contact between parents and children but, in some instances, that contact comes with conditions attached. The nature of such conditions was the cause of contention in recent appeal proceedings...
In a world first, the UK's Intellectual Property Office (IPO) has published a Code of Practice on Transparency in Music Streaming. The voluntary Code has been developed and agreed by 12 music industry bodies representing music creators, record labels,...
