Latest News
The First-tier Tribunal (FTT) has dismissed a businessman's appeal against a decision of HM Revenue and Customs (HMRC) that he was domiciled in England. The businessman, who had been born in England to Irish parents in 1942, had filed his self-assessment...
A council worker has been handed a suspended sentence after an investigation by the Information Commissioner's Office established that he had unlawfully accessed hundreds of personal records, including records relating to children. The worker was employed...
The Upper Tribunal (UT) has ruled that the terms of a woman's leases did not permit her landlord to demand contributions to a 'reserve fund' by way of her service charges. The woman held a long lease of her flat and a further lease granting easements over...
The First-tier Tribunal (FTT) has dismissed an appeal by a recruitment agency against penalties for late payment of VAT, finding that it did not have a reasonable excuse for failing to pay the VAT on time. The agency provided flexible workers across all...
The Court of Protection has granted declarations sought by two NHS trusts that a pregnant woman lacked capacity and that a care plan which provided for the possibility of her undergoing a caesarean section was in her best interests. The woman was pregnant...
The Supreme Court has clarified the meaning of Regulation 5(2) of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 , ruling that it does not require that part-time status be the sole ground or reason for less favourable...
A poll recently commissioned by the charity will-writing campaign Will Aid has revealed that two thirds of people either have not made a will or have a will which is out of date. The survey of more than 2,000 adults in the UK found that 57 per cent of them...
The Court of Appeal has confirmed that, when ruling on an appeal against an improvement notice served under Part 1 of the Housing Act 2004 , the First-tier Tribunal (FTT) should consider how matters were at the date of service, rather than at the date of...
The Family Court has dismissed a woman's application to stay divorce and financial remedy proceedings , finding that she had not demonstrated that it would be more appropriate to litigate the issues in Florida. She had met another woman in Switzerland in...
The Upper Tribunal (UT) has upheld a decision refusing a taxpayer permission to bring a late appeal against closure notices issued by HM Revenue and Customs (HMRC). After HMRC issued closure notices determining an increase in the taxpayer's Income Tax...
When ruling on the interpretation of a contractual agreement, the courts' primary focus is on the wording of the agreement itself. Recently, a man who had sold a company successfully applied to the High Court for summary judgment by way of declarations as...
The Employment Appeal Tribunal (EAT) has upheld a man's appeal against the rejection of his complaints of discrimination arising from disability and victimisation ( Shah v Home Office ). The man had been employed by the Home Office. He had been off sick...
A husband and wife who abused their positions as attorneys of the husband's elderly parents have been sentenced to six years in prison and ordered to return the money they stole. The couple had made over 100 transfers from the husband's parents' bank...
The Upper Tribunal (UT) has modified a restrictive covenant to allow a couple to run a bed and breakfast business from their home. The couple owned a two-storey, four-bedroom house. In 2023 they had started running a B&B, having created two en-suite...
If a UK domain name held by someone else is similar to your own name or trading style, you can seek to have it transferred to you by making a complaint to Nominet UK through its Dispute Resolution Service (DRS). To succeed in a DRS complaint, it is necessary...
The Court of Appeal has allowed a mother's appeal against the High Court's refusal to set aside or stay an order for the return of her son to Texas. The boy's father was an Indian national who lived in the USA. He and the boy's mother had met in 2023 and...
The First-tier Tribunal (FTT) has refused to strike out the entirety of a taxpayer's appeal against a closure notice issued by HM Revenue and Customs (HMRC), finding that the issue of whether the taxpayer could make a claim for Business Asset Disposal...
Elliot Aish, Partner and residential conveyancing solicitor at Boys & Maughan New build homes are an increasingly important part of the East Kent property market, with substantial development across Thanet, Canterbury and the surrounding area. They...
The value of obtaining legal representation when seeking to challenge decisions made by HM Revenue and Customs (HMRC) was illustrated by a recent case in which the Upper Tribunal (UT) granted a taxpayer permission to appeal against a decision upholding a...
The Employment Appeal Tribunal (EAT) has dismissed a woman's appeal against a decision of the Employment Tribunal (ET) to reduce the percentage uplift on awards for unfair dismissal and disability discrimination in respect of failure to follow the Advisory,...
The High Court has rejected a claim by a clothing designer's partner for financial provision from his estate , finding that it had not been demonstrated that they had lived together as a married couple for the required period of two years before the...
The Upper Tribunal (UT) has rejected a claim by the owners of a property that their compensation for the grant of a wayleave authorising the retention of electricity lines over their land should include a share in savings achieved by avoiding more costly...
Lasting Powers of Attorney (LPAs) were introduced in 2007 by the Mental Capacity Act 2005 , replacing Enduring Powers of Attorney. A power of attorney allows someone else to make decisions on your behalf or help you make decisions if you lack the capacity...
The Court of Appeal has allowed an investment company's appeal against the striking out of an unfair prejudice petition , finding that the claim should proceed to trial. The investment company, which held investments on behalf of a South African group, had...
The First-tier Tribunal (FTT) has granted a couple's application to register a right of way over a small triangle of land belonging to a neighbouring property owner, finding that they and their tenants had crossed it as of right for at least 20 years. The...
HM Revenue and Customs (HMRC) have published statistics showing the estimated 'tax gap' for 2024/25. The tax gap is the difference between the amount of tax that should, in theory, be paid to HMRC and the amount actually paid. The statistics indicate that...
The government is considering significant changes to the law affecting separating couples, nuptial agreements and people who live together without marrying. Andrea Bartholomew , family law partner at Boys & Maughan’s Margate office, looks at what...
The Family Court recently made a parental order in the names of both parents of twins born via surrogacy, despite their father having died before their birth. The mother and father had been in a relationship for several years before marrying. Their first...
The Court of Appeal has upheld an appeal by a former employee of an IT services company against an order that he reimburse his employer for training costs, ruling that the contractual provisions allowing the employer to claw back those costs amounted to an...
The Financial Conduct Authority (FCA) has obtained a confiscation order under the Proceeds of Crime Act 2002 against a convicted fraudster. As a result, victims of his crimes are expected to recover most of the money they invested. The fraudster offered...
The Intellectual Property Enterprise Court recently ruled that a social media influencer and her company must pay damages totalling £213,000 to several manufacturers of luxury goods whose trade marks they had infringed. The influencer and the...
Under Section 72 of the Commonhold and Leasehold Reform Act 2002 , the right to manage can only be acquired if the premises consist of a self-contained building or part of a building. Section 72(3) specifies that for a part of a building to be...
On 13 July 2026, the fee charged when applying for probate increased significantly, from £300 to £526. The fee applies where the value of the estate is more than £5,000. There is no fee for estates of £5,000 or less. If probate has...
Purchasers of businesses would be well advised to ensure that their agreement with the seller protects them against any failure to disclose information that may affect the business's value. Recently, the High Court rejected a claim for breach of warranty ...
Under Paragraph 5(a) of Schedule 4 to the Land Registration Act 2002 , the Land Register may be altered for the purpose of correcting a mistake. Recently, the First-tier Tribunal (FTT) granted an application for alteration of the Register by a woman who...
The government has recently updated the timetable for implementing key changes in the Employment Rights Act 2025 . Electronic and workplace balloting for statutory trade union ballots is scheduled to take effect by the end of August 2026. On 1 October...
The Family Court has concluded that it had no jurisdiction to hear a man's application for an order for sale of the former matrimonial home following his ex-wife's death, finding that personal rights and obligations arising under the Matrimonial Causes Act...
Normally, both parties in proceedings before the First-tier Tribunal (FTT) pay their own costs, but the FTT can make an order for costs where one of the parties has acted unreasonably in bringing, defending or conducting the proceedings. A recent decision...
As of 19 June 2026, all of the data protection provisions in the Data (Use and Access) Act 2025 are now in force. The Information Commissioner's Office (ICO) has updated its guidance for organisations on the Act accordingly. The guidance now includes an...
Seeking redress for defamatory statements can often be complex, but it is certainly not impossible. Recently, a woman succeeded in obtaining damages from a journalist who had misrepresented what she had said in an interview with him, as well as from an...
Imprecise drafting in a will is a recipe for litigation and dispute later on. A recent High Court decision on the interpretation of an ambiguous clause in a man's will illustrates the kinds of issues that can arise. The man had made a will in 2007 leaving...
In a ruling that provides clarification on the right of employees to be given an itemised pay statement, contained in Section 8 of the Employment Rights Act 1996 , the Employment Appeal Tribunal (EAT) has dismissed a man's appeal against a decision that...
Failures by a taxpayer's agent are generally treated as failures by the taxpayer for the purposes of whether there is a good reason for failing to bring an appeal in time. A recent case in which a taxpayer was refused permission to appeal more than three...
Under Section 58(5) of the Family Law Act 1986 , the courts cannot make a declaration that a marriage was void at its inception. That recently proved fatal to an application for a declaration as to marital status by a husband who had undergone a marriage...
Businesses whose premises are compulsorily acquired are entitled to compensation for loss of profits and any reduction in the value of the business, as well as the value of the premises themselves. Recently, the Upper Tribunal (UT) found that compensation...
The Companies Act 2006 gives the courts a range of powers to assist shareholders who have been unfairly prejudiced by the way a company they hold shares in has been run. Recently, the High Court found that a man had suffered unfair prejudice after he was...
When applying for a boundary determination, it is crucial to gather as much evidence as you can in support of your application. Recently, a couple's application for a determination of part of the boundary between their home and neighbouring land was...
The Supreme Court has upheld a decision of the Court of Appeal in a case concerning how the test of whether members of a limited liability partnership (LLP) have significant influence over its affairs for the purpose of determining whether they are...
When deciding what is in the best interests of a patient who lacks capacity, the courts will take into account any wishes and feelings the patient has previously expressed but will consider them in the context of all the evidence. Recently, the Court of...
The Employment Appeal Tribunal (EAT) has ruled that the belated imposition of a cap on an employee's bonus amounted to an unlawful deduction from wages, overturning a decision of the Employment Tribunal (ET) dismissing his claim ( Chandrashekarappa v Wipro...
