Legal News

Antiquated Contracts and Commercial Coherence - High Court Ruling

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agreements have been operating for many years, one party or another may well feel that they have become hopelessly out of date and unfit for purpose.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...

Psychotherapy Condition Leads to Contact Order Appeal

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...

New Code Aims to Boost Music Streaming Licensing Transparency

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,...

£20 Million Settlement Achieved for Traumatised Grenfell Tower Firefighters

Personal injury claims brought by 114 firefighters who attended the Grenfell Tower fire have been settled for £20 million in the High Court. The claims were lodged for personal injury and loss caused by alleged negligence and breach of statutory duty....

Understanding estate rent charges and issues you need to consider

Estate rent charges are often overlooked by property buyers and can significantly impact the long-term financial commitment of homeowners and, therefore, should not be taken lightly. Here, Richard Durrant , a partner and the head of residential property at...

Beware of Builders Offering Cut-Price Work - Court of Appeal Cautionary Tale

Every householder should understand the dire risks involved in opening their doors to those promising to carry out cut-price building work. A Court of Appeal decision provided distressing examples of almost the worst that can happen . A householder...

Work From Home Dispute Raises Key Issue for the Modern Workplace

As the employment landscape continues to shift in the post-pandemic era, employees and employers can find themselves at odds when it comes to expectations of flexible and remote working. The issue was brought to light at Employment Tribunal (ET) proceedings...

Should Original Wills Still be Stored in Paper Form? MoJ Consults Legal Profession

The Ministry of Justice (MoJ) has launched a consultation on the storage and retention of original will documents by HM Courts and Tribunals Service (HMCTS). The consultation is intended as a means to challenge the current system of will storage and look at...

New Campaign Aims to Reduce Asbestos Exposure in the Workplace

Reducing asbestos exposure in the workplace is a major thrust of a new awareness campaign launched by the Health & Safety Executive (HSE). Asbestos: Your Duty aims to improve understanding of what the legal duty to manage asbestos involves. Asbestos...

Post-Brexit Biosecurity Border Controls Come Into Effect

New post-Brexit border controls introduced by the government have now come into effect for animals, plants and plant products imported to Great Britain from the EU. The controls – known as the Border Target Operating Model – apply to products...

Family Court Transparency Pilot is Extended

The Courts and Tribunals Judiciary has announced the extension of a groundbreaking Family Court reporting pilot. The Transparency Implementation Group Reporting Pilot is being extended to 16 more courts across the country, after an initial run at the family...

Couples Who Keep Separate Finances May Still Need to Discuss Tax Affairs

Even in long-term or married relationships, couples very often operate separate bank accounts and keep their personal finances private from one another. However, as a case concerning the High Income Child Benefit Charge (HICBC) showed , such confidentiality...

Bank Relieved of Compensation Bill Despite Employee's Unfair Dismissal

Financial institutions are entitled to expect their staff to display a high level of probity. An Employment Tribunal (ET) made that point in denying compensation to a bank employee despite having found that his dismissal was unfair ( Johnson v Santander UK...

Brain Injury and Sports - Rugby Players Pursue Justice at High Court Hearing

In recent years, a spotlight has been placed on the risk of suffering brain injury as a result of concussions caused by contact sports. The matter has now reached the High Court, after a landmark hearing saw more than 200 rugby players apply for a group...

Court Ruling Underlines the Importance of Biodiversity in Planning Decisions

One of the positive effects of the green revolution is that biodiversity is now a vital factor in many planning decisions. As a High Court case showed , however, it is perfectly possible for an otherwise inappropriate commercial or industrial development to...

Failing to Make a Professionally Drafted Will Risks Tearing Your Family Apart

Many grieving families have sadly been torn apart by a loved one's failure to make a professionally drafted will. Exactly that happened in a High Court case concerning two brothers who fell out bitterly over which of them should take charge of...

Reasonableness of Exclusion Clauses in Hire Purchase Contracts Under Fire

In a ruling of particular importance to the motor sales industry, the reasonableness of exclusion clauses in hire purchase contracts which seek to avoid liability in respect of goods that are not of satisfactory quality has been thrown into doubt by a Court...

Consent is All - Seven-Figure Settlement for Spinal Cord Injury Victim

The general public places enormous trust in the medical profession, a reliance that is rarely misplaced. Where incidences of clinical negligence occur, however, specialist lawyers can prove invaluable, as was evidenced in a claim centring around the issue of...

Grandparents' rights to see grandchildren in the UK: navigating legal and family dynamics

Grandparents play a crucial role in the lives of their grandchildren, offering love, support, and a unique connection to family history. However, disputes or family breakdowns can sometimes lead to grandparents being denied access to their grandchildren. In...

Grown Up Kids Staying On in the Family Home? What Does That Mean in Law?

Loving parents often allow their adult children to remain living in the family home for as long as they wish, in the expectation that they will, in due course, fly the nest. In a case that will ring a bell with thousands of families, the High Court...

A Fair Redundancy Process Requires Consultation at a Formative Stage

A fair redundancy process requires consultation of affected employees at a formative stage when there is at least the potential for them to influence the outcome. The Employment Appeal Tribunal (EAT) succinctly made that point in finding that a recruitment...

Immigration System Detention Period Leads to Personal Injury Claim

Delays that occur within the UK's immigration system can have severe consequences for those being processed, as a recent case that sparked a personal injury claim showed. The claimant, a Nigerian national, had come to the attention of authorities in 2006...

High Court Considers Limits on the Right of Parents to Name Their Children

Parents have a right to name their children and, in modern Britain, the options open to them are almost limitless. However, as a High Court ruling showed , there are rare occasions when a parental choice of forename may conflict with a child's welfare. The...

Under-Insured Commercial Property Occupier Wins Seven-Figure Damages

Fire is an ever-present threat to occupiers of commercial property and, all too often, they only discover after the ash has settled that they are under-insured. In one such case, however, the High Court came to the aid of a gifts retailer which lost...

UK Road Accident Record Placed in the Spotlight

The Royal Society for the Prevention of Accidents (RoSPA) has called for the government to commit to publishing a new road safety strategy for England, in the light of recent statistics that point to 'a dramatic lack of UK road safety progress over the last...

Industrial Accident Victim Receives £350,000 Damages Award

Despite rigorous health and safety improvements over the years, industrial accidents are still not as rare as they could be. However, as a High Court case showed, it is a personal injury lawyer's mission in life to expose negligence and ensure that victims...

Inheritance - High Court Shows Compassion in 'Mercy Killing' Case

Where one person unlawfully kills another, the killer usually forfeits their right to inherit any part of the victim's property. As a High Court ruling in an exceptionally sad case showed , however, that general rule may be tempered by compassion in cases...

How are 'Refer a Friend' Schemes Treated for VAT Purposes? Guideline Ruling

With a view to generating new client introductions, many public-facing businesses operate so-called 'refer a friend' schemes. In an important decision, the First-tier Tribunal (FTT) pondered the consequences of such arrangements in terms of VAT . An energy...

Supreme Court Upholds Holiday Illness Claim

Anyone seeking compensation after having their holiday ruined by illness would be well advised to gather as much evidence as possible in support of their claim. A case that went all the way to the Supreme Court indicates that such evidence will normally be...

Mis-selling of Financial Products - Supreme Court Upholds PPI Claim

If you have been mis-sold a financial product, any delay in seeking legal advice may jeopardise your right to compensation – but what if facts on which you might found your case have been deliberately concealed from you? The Supreme Court answered...

Ten-Month Custodial Sentence for Fraudulent Injury Claimant

Most personal injury claims are entirely genuine, but there will always be individuals who seek to exploit opportunities to acquire compensation by dishonest means. As was shown by a recent High Court case, however, they do so at risk of serious sanction. ...

Latest HSE Statistics Highlight Prevalence of Work-Related Stress

Stress, depression and anxiety account for a large proportion of work-related illnesses experienced in Great Britain, according to the latest statistics from the Health and Safety Executive (HSE). Annual statistics on work-related ill health and workplace...

Always Seek Legal Expertise to Help Ensure Your Wishes Are Fulfilled

Having your will drafted by a professional involves only modest expense and has the great advantage of reducing the risk of your bequests being successfully challenged after you are gone. In a case on point, the High Court gave full legal effect to a...

Business Use of Residential Property - Upper Tribunal Strikes the Balance

Any proposal to make business use of a purpose-built residential property is likely to draw objections. However, as a case concerning the planned utilisation of an urban dwelling as a privately run home for children in care showed , neighbours' concerns,...

Allergy Rules Should Be Tightened for Restaurants, Says FSA

The Food Standards Agency (FSA) is urging the government to make it compulsory for restaurants to print allergy information on menus, in a bid to better inform consumers and limit the risk of extreme allergic reactions. There is currently no legal...

Family Succession to Secure Tenancies - Court of Appeal Clarifies the Law

In the realm of social housing, there are few more controversial issues than a child's entitlement to succeed to the secure tenancy of a parent on the latter's death. As a Court of Appeal ruling showed , however, succession rights may quite easily be...

Are Bonus Clawback Provisions an Unreasonable Restraint of Trade?

Employment bonuses are commonly awarded on the basis that they must be repaid if recipients leave their jobs within a given period of time. In an important ruling, the High Court considered whether such clawback arrangements are capable of amounting to an...

Mum Starved of Oxygen After Giving Birth Receives Seven-Figure Payout

Serious injury or death in childbirth is thankfully a rare event nowadays. However, as a High Court case in which a mother received more than £5.5 million in damages showed, having a child can never be entirely free from risk. Shortly after her...

Relationship Come to an End? Do You Understand the Tax Implications?

The end of a relationship will often have important tax implications which might only be apparent to a trained professional. That was certainly so in the case of a woman who, following the collapse of her marriage, was saddled with a substantial Capital...

First Salvo in Bitter Inheritance Dispute Fired Before Deceased Laid to Rest

Making a will when your death is imminent is almost never a good idea and is often a positive invitation to dispute between your loved ones after you are gone. In a case on point, the first salvo in a tragic inheritance dispute was fired even before the...

Football Club's Crowd Control Challenge to Development Kicked Into Touch

Commercial property owners are often concerned that residential developments may prejudice their longstanding use of their premises. In a High Court case on point , a football club argued that planning consent was granted for thousands of new homes without...

Latvian Road Accident Victim Receives £2 Million Award

Tourists or overseas workers who suffer accidents in the UK may feel that they are a long way from home, but they can be confident that English lawyers will pursue their damages claims with professionalism and vigour. That was certainly so in the case of a...

Exposure to Toxic Substances at Work - Guideline Court of Appeal Ruling

Exposure to toxic substances at work is often cited as a possible cause of diseases developed later in life. However, as an important Court of Appeal ruling made plain, establishing the plausibility of such causal links may not, by itself, be enough to...

Divorce - What Happens When Assets are Simply Insufficient to Meet Needs?

For every headline-grabbing 'big money' divorce case there are hundreds of others where a former couple's assets are simply insufficient to meet their reasonable needs. As a High Court ruling showed, judges take a gender-neutral approach to such cases,...

Selling a Company? Put Lipstick on a Pig at Your Peril

When marketing a company, it may be perfectly legitimate to paint its business and prospects in the best possible light. However, as a High Court ruling showed , the thick application of lipstick to a pig may enter the realms of fraud. The case concerned...

Has Your Home Been Devalued by Public Infrastructure Works?

To state that location is the only important factor when it comes to valuing a home is a cliché and something of a generalisation. However, as an Upper Tribunal (UT) ruling showed , if public infrastructure works render the location of your property...

Contemplating Cosmetic Surgery Abroad? Read This to Understand the Risks

Those who undergo cosmetic surgery overseas take a step into the unknown and, if things go wrong, it can be very difficult to obtain just compensation. However, as a High Court ruling showed, English lawyers are more than capable of overcoming the challenge...

Going Into Business with a Loved One? Don't Dispense with Legal Formality

Couples who run businesses together are often tempted to dispense with paperwork and rely solely on trust. As a High Court ruling showed, however, any relationship may come to an end, leaving both sides wishing they had taken a more formal approach at the...

Resignation in the Heat of the Moment - EAT Sets Out the Legal Principles

When an employee utters words of resignation in the heat of the moment, employers are often left in doubt as to whether they should take them at face value. In an important ruling, the Employment Appeal Tribunal (EAT) has for the first time drawn together...

Judge's Factual Findings in Congenital Injury Case Ruled 'Plainly Wrong'

It is a very rare event for the Court of Appeal to find that a judge's assessment of factual evidence is plainly wrong. However, that is what occurred in an unusual case concerning serious injury said to have been sustained by an unborn child. The boy's...
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