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Insolvency Service Shuts Down Online Pet Products Retailer

A company that sold pet products online and had £6.3 million in unexplained transactions has been shut down following an investigation by the Insolvency Service. The company had taken orders totalling millions of pounds. A number of customers had...

Returning to St Lucia Not in Boy's Best Interests, Court Rules

The Family Court has refused a mother's application for permission to return to St Lucia with her six-year-old son , ruling that his welfare would be best served by his remaining in England. The boy's parents were originally from St Lucia and had married...

Procedural Failure Did Not Allow Freeholder to Object to RTM Claim

The Supreme Court has handed down a decision that clarifies the circumstances in which the freeholder of a building can object to a right to manage (RTM) claim, ruling that a failure to comply with procedural requirements in the Commonhold and Leasehold...

Failure to Notify Tenant Did Not Invalidate RTM Claim

In a ruling that will be welcomed by leaseholders who are seeking to take over the management of the building in which they live, the Supreme Court has ruled that a failure to comply with procedural requirements in the Commonhold and Leasehold Reform Act...

Court of Protection Clarifies Authority to Manage Direct Payments

The Court of Protection has handed down a ruling that clarifies the nature of the decisions that need to be made by those managing direct payments on behalf of people who lack capacity, and the authority required to manage such payments. The case involved...

Dip Pots Included in Meal Deals Zero-rated for VAT Purposes

A company that operates fast-food restaurants has successfully appealed against a decision that dip pots supplied with takeaway meal deals were part of a single standard-rated supply. The Upper Tribunal (UT) ruled that, in most circumstances, every element...

FCA Proposes New Rules for Long-term Investment Funds

The Financial Conduct Authority (FCA) is proposing to introduce new rules for retail funds that invest in long-term, illiquid assets such as property or infrastructure, so that the redemption terms of such funds reflect the time it typically takes to sell...

Government Consultation on Employment Status Reforms

The government has launched a consultation on proposals to reform employment status, improve compliance with employment rights and strengthen protections for self-employed people. The consultation seeks views on proposals to place less emphasis on...

Widow Wins Legal Battle Over Husband's £5 Million Estate

The High Court has upheld a widow's claim that four properties in her husband's name formed part of his estate , ruling that documents purporting to show that his mother and brother shared beneficial ownership of them were a sham. The couple had married in...

Flower Seller Succeeds in Trade Mark Infringement Claim

When choosing a name for your business, it is essential to check that there is no risk of confusion with another trading name that might give rise to a claim for trade mark infringement or passing off. Recently, a company that sold flowers succeeded in a...

Statistics on Divorces and Dissolutions in 2025 Published

The Office for National Statistics has published statistics on the number of divorces and civil partnership dissolutions in 2025. There were 105,961 legal partnership dissolutions in England and Wales in 2025, comprising 105,002 divorces and 959 civil...

Boys & Maughan's family law expertise and practical advice recognised in Chambers UK Guide 2027

Boys & Maughan’s family law team has secured another strong endorsement in the Chambers UK Legal Guide 2027 , with its practical advice and determined approach to resolving disputes receiving particular praise. The department has retained its...

Company Selling Call Blockers Fined £190,000 for Nuisance Calls

A company that sells call-blocking devices has been issued with a monetary penalty by the Information Commissioner's Office (ICO) for making unsolicited marketing calls. The ICO found that, between 27 May 2024 and 10 February 2025, the company had made...

Adverse Possession Claim Over Neighbouring Land Fails

Claims that title to land has been acquired by adverse possession are not easy to establish and can be resisted if it can be shown that the claimant has not been in possession of the land for the required period. Recently, a woman's claim to have acquired...

Settlement Did Not Terminate Entitlement to Written Reasons

The Employment Appeal Tribunal (EAT) has ruled that a settlement of an Employment Tribunal (ET) claim by way of a COT3 agreement did not extinguish the claimant's right to be provided with written reasons for the ET's decision ( Jeffery v Givaudan UK Ltd ...

Renters' Rights Act 2025 - PRS Database to be Introduced

As part of the changes brought in by the Renters' Rights Act 2025 , the Private Rented Sector (PRS) database is set to be introduced, starting in late 2026. All landlords of assured and regulated tenancies will be required to register themselves and their...

High Court Awards Businessman £105,000 for Defamatory Article

A businessman has been awarded damages by the High Court after a website published a defamatory article about him. The businessman had developed projects in a number of countries, including Uzbekistan. Due to his professional reputation and his success in...

Restaurant Company Refused Permission to Bring Late Appeals

Taxpayers should always ensure that they comply with deadlines for appealing against decisions made by HM Revenue and Customs (HMRC), even if discussions with HMRC continue after a decision is notified to the taxpayer. A recent case in which a restaurant...

Businessmen Was Unlawfully Ousted by Investor, High Court Rules

The High Court has ruled that a businessmen was unlawfully excluded from his second-hand car business by a private equity firm that had acquired a minority stake in it. The businessman had founded the business in 1986 and was its CEO and, through a...

Court of Protection Had No Jurisdiction to Assess Will's Validity

The High Court has refused to strike out a claim seeking to propound a man's will despite the Court of Protection having previously declared it invalid, on the grounds that the Court had not had jurisdiction to make that declaration. The man had suffered...

Fresh Legal 500 praise for Boys & Maughan's family and property litigation teams

Boys & Maughan’s family and property litigation teams have once again been recognised in The Legal 500 , following publication of the 2027 edition of the leading guide to UK law firms. The firm’s family team is described by The Legal 500...

Financial Remedy Proceedings Remitted to High Court

The Court of Appeal has set aside a financial remedy order in a divorce between a wealthy couple, finding that it was necessary for the case to be reheard. The couple had begun a relationship in Bahrain in 2011. They had moved to England in January 2013...

Professor Who Forged Dean's Signature Was Not Unfairly Dismissed

An Employment Tribunal (ET) has ruled that a university professor who submitted a promotion application which included the dean's signature without authorisation was not unfairly dismissed. The professor had begun working for the university in 2013. She had...

Council Worker Sentenced for Unlawfully Accessing Personal Records

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...

Businessman Was Domiciled in England, FTT Rules

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...

Leases Did Not Permit Landlord to Build Up Reserve Fund

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...

Agency Did Not Have Reasonable Excuse for Late VAT Payment

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...

Court Authorises Care Plan for Pregnant Woman Who Lacks Capacity

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...

Part-time Status Need Not Be Only Reason for Less Favourable Treatment

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...

Two Thirds of People Do Not Have an Up-to-Date Will, Poll Finds

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...

Improvement Notice Appeals Assessed on Facts When Notice Served

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...

Court Refuses to Stay Divorce Proceedings on Jurisdictional Grounds

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...

Permission to Bring Late Appeal Against Closure Notices Refused

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...

Summary Judgment Granted on Meaning of Share Purchase Agreement

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...

Disability Discrimination and Victimisation Claims Remitted to ET

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...

Couple Who Abused Husband's Parents' Powers of Attorney Imprisoned

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...

Covenant Modified to Allow House to be Used for B&B Business

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...

Owner of 'Portaloo' Trade Mark Secures Transfer of Domain Name

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...

Court of Appeal Sets Aside Order for Boy's Return to Texas

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...

FTT Has Jurisdiction to Consider Availability of BADR

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...

Thinking of buying a new build home? Key legal issues to consider before you exchange

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...

Taxpayer Granted Permission to Appeal Against Assessments

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...

ET Was Correct to Reconsider Acas Uplift After Awards Increased

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,...

Partner's Claim for Provision from Designer's Estate Rejected

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...

Property Owners Not Entitled to Share in Saving Achieved by Wayleave

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...

A Practical Guide to Lasting Powers of Attorney

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...

Court of Appeal Overturns Strike Out of Unfair Prejudice Claim

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...

Couple Succeed in Application to Register Right of Way

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...

HMRC Publishes Tax Gap Statistics for 2024/25

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...

Divorce, prenups and cohabitation: could family law be about to change?

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...
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