Legal News

Will Made Following 'Predatory' Marriage Set Aside

The will of a man who married his carer less than a year before he died and left everything to her has been set aside after his daughter challenged its validity. The man was 93 years old when he married his carer, who was then aged 54. Following the...

Decision-Maker's Knowledge is Key in Whistleblowing Claim

Where an employee who has made a protected disclosure is dismissed, can the dismissal be unfair if the decision-maker is merely aware that the employee has made a disclosure, or is some understanding of the details of the disclosure required? That question...

Railway Signalman Secures Damages for Walkway Trip

A railway signalman who was injured when he tripped over debris on an unlit walkway has secured compensation. He was taken to A&E after the accident. X-rays showed that he had fractured his finger and he was fitted with a splint. He was unable to work...

Pilot Illness Not Extraordinary Circumstance, Supreme Court Rules

Under Article 5(3) of Regulation (EC) 261/2004 (Regulation 261), an airline is not obliged to pay compensation where flights are delayed or cancelled due to 'extraordinary circumstances' which could not have been avoided even if all reasonable measures had...

TV Presenter's IR35 Appeal Remitted to FTT

In a case that illustrated the complexities of IR35 (also known as the intermediaries legislation), the Upper Tribunal (UT) has remitted the question of whether a TV and radio presenter provided his services as an employee for reconsideration by the...

Bowel Surgery Injuries Claim Settled for £135,000

A man who was left with lifelong injuries after undergoing bowel surgery has achieved a settlement of his claim against the NHS trust responsible for his care. After initially undergoing surgery to remove a polyp, he experienced frequent bowel movements...

Sign Prevents Acquisition of Right of Way

The Upper Tribunal (UT) recently ruled on an appeal against a decision of the First-tier Tribunal (FTT) that a sign saying there was no public right of way over a staircase did not prevent a private right of way being acquired over it. The staircase had...

Director Banned for Breaching COVID Loan Rules

A man has been banned from acting as a company director for 10 years after breaching the rules of a scheme designed to support businesses during the COVID-19 pandemic. The man, who was the sole director of a construction company, applied in 2020 for a...

Provisional Compensation Secured for Asbestos Exposure

Asbestos-related illnesses commonly develop many years after the exposure that caused them. In a case that illustrates how this can be reflected in settlements of claims, a man who developed symptoms related to asbestos secured provisional damages, reserving...

No Reasonable Excuse for Taxpayer's Late Appeal

Taxpayers would be well advised to give prompt attention to any correspondence they receive from HM Revenue and Customs (HMRC). In a recent case, a man who appealed tax assessments and penalties several months late failed to convince the First-tier Tribunal...

Proposed Changes to Employment Law Outlined

As part of the legislative programme set out in the King's Speech, the government has outlined changes to be included in the Employment Rights Bill, which is set to be introduced within the first 100 days of the new parliament. Proposed changes include: ...

Wills and estate planning for LGBTQ+ couples and individuals

Estate planning is a crucial aspect of financial management for individuals of all walks of life, ensuring that their assets are distributed according to their wishes after their passing. However, for LGBTQ+ individuals, there are specific legal and social...

Three-Year Review of Whiplash Tariff Awaited

On 22 May, the then Lord Chancellor, Alex Chalk, announced that he had completed his statutory review of the Whiplash Injury Regulations 2021 , following a call for evidence earlier this year. However, publication of the review was delayed as a result of...

Financial Order Set Aside Due to Husband's Bankruptcy

The High Court has ruled that a financial remedies order requiring a husband to transfer his half share of the former matrimonial home to his wife could not stand because he had been made bankrupt by the time it was made. The couple had separated in 2017,...

Application to Modify Restrictive Covenant Succeeds

The Upper Tribunal (UT) has granted a social housing provider's application to modify a restrictive covenant so as to allow it to proceed with a residential property development. The relevant land was sold in 1975 subject to a conveyance limiting its use...

Judgment Secured in Fatal Workplace Accident Case

A protracted legal battle has led to judgment being obtained in the case of a man who was fatally injured while working on a building site. The man died when he was hit by pieces of metal scaffolding that fell from a crane after a strap holding them...

High Court Ruling in Will Forgery Case

An allegation that a will is a forgery can be hard to prove. However, such an allegation was successfully made out in a High Court case concerning an elderly man who died during the COVID-19 pandemic. The man had passed away in February 2021. A firm of...

ICO Statistics on Data Security Incidents

The Information Commissioner's Office (ICO) has updated its statistics on data security incidents to include the first quarter of 2024. There were 2,970 incidents reported to the ICO in Q1 2024, an increase of 21 per cent from the same quarter in 2023. The...

Vehicle accident whiplash personal injury claims

Here, Zaban Matloob , a personal injury specialist and partner at our Margate office, explains the steps you can take if you have suffered a whiplash injury. If you have been involved in an accident in a vehicle and suffered whiplash injuries it may now be...

Father-to-be's Cardiac Death Was Likely Avoidable

A 40-year-old man who died of a sudden cardiac arrest on the day his daughter was born might have lived if doctors had not missed signs of a heart defect, a coroner has concluded. The man had been suffering from a gastrointestinal illness and had attended...

HMRC's Appeal Against Closure Notice Orders Rejected

Under Section 28A(4) of the Taxes Management Act 1970 , taxpayers whose returns are under enquiry may apply for a direction requiring HM Revenue and Customs (HMRC) to issue a closure notice. It is for HMRC to show that there are reasonable grounds for...

Employer Did Not Have Constructive Knowledge of Disability

Under Section 15(2) of the Equality Act 2010 , an employer has a defence to a claim of disability discrimination if it can show that it did not know, and could not reasonably have been expected to know, that the claimant had the disability in question. The...

Injured HGV Driver Wins Seven-Year Compensation Battle

Cases involving life-changing injuries can be very complex and arriving at a fair settlement can take time. However, it may be possible to secure interim payments while the case is ongoing. Recently, a seven-year legal battle culminated in substantial...

Court Refuses to Order Girl's Return to Lithuania

When making decisions about where and with whom a child should live, the courts will prioritise the welfare of the child and will take the child's own views into consideration where appropriate. In a recent case, the High Court rejected a father's...

Court Orders Correction of Errors in Partnership Accounts

The passage of time does not necessarily prevent partners from revisiting partnership accounts that they believe are inaccurate. The High Court demonstrated the point in directing that a number of errors in a family partnership's accounts be corrected. In...

Ruling That LPAs Not Valid Upheld

Lasting powers of attorney (LPAs) allow you to appoint someone else to make decisions in respect of your property and financial affairs, and/or your health and welfare, in the event that you lose the capacity to do so yourself. However, an LPA must comply...

Army Veteran Secures £40,000 for Hearing Loss

A man has received a £40,000 settlement for hearing damage he suffered during 27 years of service in the British Army. The man served at various barracks in the UK and was deployed to a number of countries. He also carried out and instructed on...

Landlord Granted Dispensation from Consultation Requirements

Under Section 20 of the Landlord and Tenant Act 1985 , landlords must consult with leaseholders before carrying out works on a building that will cost any one leaseholder more than £250, or risk being unable to recover any costs above that amount....

Woman Wins Damages After Dentist Missed Gum Disease

A woman who needed specialist treatment after her dentist failed to spot signs of gum disease for a number of years has secured £40,000 in damages. The woman had attended regular check-ups but her dentist gave her no indication that anything was...

RTM Company Bound by Terms of Existing Lease

The Right to Manage (RTM) is a method by which leasehold property owners can take over the management of the building they live in. However, an RTM company is bound by the terms of leases that existed before it was set up, as demonstrated by a recent case ...

HGV Driver's Resignation Defeats Unfair Dismissal Claim

An HGV driver's unfair dismissal claim has been rejected after the Employment Tribunal (ET) found that his employment contract had already been brought to an end by his resignation ( White v Eddis Transport (Consett) Ltd ). After he was observed to have...

Rugby Player's Opponent Liable for Injury Caused by Collision

A rugby player has succeeded in his claim before the High Court that an opponent who collided with him during a match was liable for the severe injury he sustained. The man was participating in an amateur Rugby Union match. As the second half began, an...

High Court Rules on Costs of Will Dispute

Those responsible for administering an estate are generally entitled to recover the costs properly incurred in doing so from the estate. Recently, the High Court ruled on whether costs concerning a dispute over a will and an application to remove the...

Directors Not Personally Liable for Trade Mark Infringement

In a recent intellectual property case with wider implications in terms of directors' liability , the Supreme Court ruled that two directors of a wholesaler of clothing, footwear and headgear that infringed another clothing business's trade marks were not...

£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...
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