Legal News

£21,000 for Woman Who Tripped on Debris Left by Crash

An elderly woman who tripped on debris from her garden wall after a motorist crashed into it has received compensation for the injuries she suffered. After the vehicle collided with the wall, the woman, who had heard the crash, went outside to see what had...

Court of Appeal Reduces Wife's Award in Big Money Divorce

A recent decision of the Court of Appeal in a big money divorce case clarified how the sharing principle should be applied and when assets are subject to it. The couple had married in 2005. The husband had had a successful career in financial services...

Upper Tribunal Upholds Mega Marshmallows VAT Ruling

The Upper Tribunal (UT) has upheld a decision of the First-tier Tribunal (FTT) that 'Mega Marshmallows' are not confectionery and are therefore zero-rated for VAT. A wholesaler of American sweets and treats which supplied Mega Marshmallows was issued with...

Settlement for Flight Attendant Injured in Turbulence

A flight attendant who broke her leg in seven places after the aircraft on which she was working flew through severe turbulence has secured compensation for her injuries. The pilot told the cabin crew to resume their seats moments before the aircraft...

High Court Grants Judgment for Victim of Bitcoin Fraud

Those who fall victim to anonymous fraudsters may think there is nothing that can be done once their money has disappeared, but the courts have powers at their disposal which may assist. In a recent case involving bitcoin fraud , the High Court granted a...

Acas Updates Code of Practice on Flexible Working

Following recent changes to the law and a consultation last year, the Advisory, Conciliation and Arbitration Service (Acas) has updated its statutory Code of Practice on requests for flexible working, replacing the previous version published in June 2014. ...

Figures Reveal NHS Payouts for Brain Injuries at Birth

The NHS has paid nearly £3.6 billion in damages over 11 years in settlement of negligence claims involving babies who were born with cerebral palsy or other brain injuries. Figures obtained via a freedom of information request show that, from 2012/13...

Tenants Can Purchase Freehold When Landlord Cannot Be Found

The Leasehold Reform, Housing and Urban Development Act 1993 gives qualifying leaseholders the right to join together to buy the freehold of their properties – a process known as collective enfranchisement. A recent case demonstrated that this right...

Leaseholders Not Liable for Replacing Windows

Tenants who are faced with unexpected demands in respect of repair costs would be well advised to seek legal advice. In a recent case, leaseholders of units of student accommodation successfully argued that they were not liable to pay service charges in...

Man Seriously Injured in Fall from Crane Secures £2.2 Million

A steel worker has secured a substantial compensation settlement after injuries he suffered when he fell from a crane led to his leg being amputated. The man's boss had asked him to remove an access panel from the crane so that it could be repaired. To...

ET Should Have Considered Redeployment as Alternative to Dismissal

There are times when it is incumbent on an Employment Tribunal (ET) to consider a point of its own accord if the parties in the case have not raised it. In a recent case, a postal worker successfully argued before the Employment Appeal Tribunal (EAT) that...

Court Refuses to Set Aside Divorce Order Applied for by Mistake

While the courts have a range of powers to set aside orders, they will only exercise them in limited circumstances. In a somewhat surprising case that has attracted much comment, the High Court declined to set aside a final order of divorce that had been...

Man Run Down in Belgium Can Pursue English Claim

A man who was injured crossing a road in Belgium has defeated an application by the motorist's insurer to have his claim in England stayed in favour of proceedings in Belgium. The man, who was 53 and worked as an aircraft maintenance engineer, was visiting...

Use of Right of Way Not Unreasonable Interference

Disputes about rights of way often arise between owners of neighbouring residential properties, but can also be an issue for property developers. In a recent case, a property company successfully applied for declaratory relief that current and likely future...

How long does it take to settle a personal injury claim?

When individuals are involved in accidents or incidents resulting in personal injury, one of the primary concerns is often the timeline for settling a claim. While every case is unique and influenced by various factors, understanding the general process can...

Asbestos Exposure Leads to Fines for Company

An investigation by the Health and Safety Executive (HSE) has led to convictions for a company and its director after workers were found to have been exposed to asbestos. The HSE originally attended the company's premises following concerns about unsafe...

Waiting Time for Grants of Probate Falls

Following concerns last year about delays in processing probate applications, recent figures from HM Courts and Tribunals Service show that waiting times for grants of probate are continuing to improve. The average time from submission of a probate...

Settlement of Proceedings Does Not Prevent Second Adjudication

When attempting to resolve a dispute, careful drafting of any agreement is essential to protect your position in the event of further argument. A recent High Court case concerned whether a settlement of adjudication enforcement proceedings prevented one of...

Coastguard Volunteer a 'Worker' When Performing Paid Activities

A person who performs a voluntary role may nonetheless meet the definition of a 'worker' under Section 230(3) of the Employment Rights Act 1996 , depending on the individual circumstances. Recently, the Employment Appeal Tribunal (EAT) ruled that a man who...

Late Appeal Against Tax Penalties Rejected

It is incumbent on taxpayers to make sure they fully comply with their obligations to file returns and pay any tax due. The point was illustrated by a recent case in which a taxpayer whose return had not been received by HM Revenue and Customs (HMRC) failed...

Woman Left Unable to Conceive Secures Damages

A woman who was left unable to conceive after an unnecessary medical procedure has reached a settlement of her claim against the responsible NHS trust. The woman experienced bleeding after she became pregnant. She booked an ultrasound scan and was told that...

FTT Rejects Publishing Company's R&D Claim

Companies engaged in projects that qualify as research and development (R&D) can claim significant Corporation Tax deductions on qualifying expenditure. However, the rules on what qualifies as R&D are comprehensive and it will be necessary to show...

Varying a Statutory Will - Requirement to Notify Beneficiaries

If a person lacks the capacity to make a will for themselves, it is possible to make a statutory will for them by applying to the Court of Protection. When seeking to vary such a will, however, the Court of Protection Rules 2017 require that beneficiaries...

Police Force Facing Hearing Loss Claims

Police officers are preparing to bring personal injury claims after suffering hearing loss as a result of confrontations that took place during Bonfire Night celebrations in Edinburgh last year. The officers were subjected to 'unprecedented' levels of...

Changes to Tipping Laws Delayed Until October

The Employment (Allocation of Tips) Act 2023 , which amends the Employment Rights Act 1996 , was previously scheduled to come fully into force on 1 July 2024, but this has now been delayed until 1 October. The Act requires employers to pass on all tips and...

Buying a leasehold flat questions

Below are seven questions we are often asked by people who are buying a flat. If you have a different question drop us a line and we will be pleased to assist. Do I still need an independent survey for a flat? You don’t have to have an independent...

Tenants Succeed in Rent Repayment Application

Tenants of poorly maintained properties are not powerless and have the ability to apply for rent repayment orders where issues with the property amount to offences committed by the landlord. The First-tier Tribunal (FTT) recently ordered the landlord of an...

Dishonesty Accusation Defeats Claim for Interim Payments

It may be possible to secure interim payments to help cover expenses such as care costs until a personal injury claim is settled. However, interim payments are only available in certain circumstances, such as where the defendant admits liability to pay...

Inheritance Act claims by adult children

Adult children do not have an automatic right to inherit from their parents.  However, they can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act), to apply for financial provision if they can demonstrate...

Competitor's Advertising of Pet Products Implied Similar Quality

Comparative advertising, where a product is advertised in a way that references a competitor's product, is only permitted subject to conditions laid down in Regulation 4 of the Business Protection from Misleading Marketing Regulations 2008 . In a recent...

Award That Requires Borrowing Made Into Court Order

Disagreements between separating couples all too often result in litigation that substantially reduces the assets available to them, as was illustrated by a case that recently reached the High Court. At issue was whether awards made by arbitrators in...

Young Man Who Jumped Onto Railway Tracks Can Pursue Claim

To succeed in a personal injury claim in court, it is necessary to show both that the other party was negligent and that the negligence was the cause of injury. In the tragic case of a young man who jumped from height onto railway tracks, the High Court was...

Inheritance Disputes - Costs Risks Can Be Reduced

Arguments about what someone promised before their death can lead to significant legal costs. However, if faced with a claim against the estate, there may be steps the beneficiaries or executors can take to reduce the risks, as a recent High Court case...

Landlord Counts Cost of Obstructing Collective Enfranchisement

The Leasehold Reform, Housing and Urban Development Act 1993 gives leaseholders the right to buy the freehold of their properties in certain circumstances, a process known as collective enfranchisement. While landlords may not welcome leaseholders...

Share Rounding Error Does Not Prevent CGT Relief

There are often very specific rules that must be complied with in order to claim tax reliefs, but if a small mistake arises, the courts may be able to provide assistance. In a recent case, the First-tier Tribunal (FTT) found that an investor was entitled to...

Injured Worker Secures Damages After Five-Year Battle

When liability for a workplace accident is disputed, personal injury lawyers will fight hard to ensure that a fair settlement is reached. In a case on point, a substantial settlement of a man's personal injury claim was agreed following a five-year battle. ...

Wife Entitled to Maintenance Until Sale of Family Home

When divorcing couples disagree on how assets should be divided, the courts will seek to arrive at a fair outcome for both parties. In deciding how the proceeds of sale of a former couple's home should be apportioned, the Family Court agreed with the wife...

Equal Pay Claims - EAT Reconsiders Material Factor Defence

An employer will be able to defeat an equal pay claim under the Equality Act 2010 if it can show that the difference in pay is due to a 'material factor' other than the employee's sex. The Employment Appeal Tribunal (EAT) recently shed light on what is...

Woman's Neglect Claim Against Council Can Proceed

Anyone who has suffered serious neglect in childhood may be able to claim compensation if professionals failed in their duty to protect them. In a recent case, a woman succeeded in persuading the High Court that her claim against a local authority had a real...

Breach of Warranty Claim Can Go to Trial

After a company has been purchased, any allegations that the seller is in breach of warranties given to the purchaser are likely to require careful determination. That point was illustrated recently when the High Court refused a businessman's application to...

Removal of Guttering Leads to Costly Court Battle

Disagreements between neighbours over where the boundary between their properties lies can ultimately lead to litigation costs far exceeding the value of the land in question. In a widely reported case, the removal of guttering that allegedly overhung a...

Retired Businessman's Final Will Ruled Invalid

Having your will drawn up professionally by a qualified solicitor is always a sensible precaution, especially in later life. In a recent case, the High Court ruled that a retired businessman lacked testamentary capacity when he made a will less than three...

Dock Worker Wins Settlement After Fall from Height

A man has secured a damages settlement after he fell from height on his first day working at a dry dock. The man and other workers at the dry dock had been asked to sandpaper and paint river cruise boats before they returned to service. Although the workers...

Lidl Succeeds in Trade Mark Infringement Claim

The Court of Appeal has ruled on a dispute between supermarket giants Lidl and Tesco, upholding the decision of the High Court that signs used in a promotion run by Tesco amounted to trade mark infringement and passing off. In September 2020, Tesco began...

Substantial Damages for Woman Hit While Crossing Road

A woman who was hit by a speeding driver while crossing a road in a city centre has been awarded a seven-figure sum in damages. The vehicle was travelling at about 45 mph – 15 mph above the speed limit – when it struck her as she crossed at a...

Company Owner's Negligible Value Claim Unsuccessful

When an asset falls in value to the point that it is almost worthless, it may be possible to make a negligible value claim under Section 24 of the Taxation of Chargeable Gains Act 1992 . The asset will then be treated as if it had been sold and immediately...

Supreme Court Rules on Strike Action Protections

The Supreme Court has handed down its decision in a long-running case concerning whether protections against detriments short of dismissal for engaging in trade union activities are extensive enough to comply with the UK's obligations under the European...

Wrong Address a Reasonable Excuse for Landlord

Landlords would be well advised to ensure all records regarding their properties are kept up to date. Recently, however, the Upper Tribunal (UT) agreed with a residential landlord that she had a reasonable excuse for failing to comply with an Improvement...

GPs Not Liable for Woman's Death from Stroke

Medical staff often have to choose between different treatment options, which can lead to questions being raised about their decisions if something goes wrong. However, in the tragic case of a mother-of-two who died of a stroke at the age of 42, the High...

Court Sanctions Leg Amputation for Man Lacking Mental Capacity

The courts are often called upon to sanction treatment for patients whose ability to make decisions for themselves is impaired. In a recent case on point , the Court of Protection had to decide whether it was in the best interests of a man with mental...
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