Latest News
The Supreme Court has ruled that a trade mark registered by a company that manufactured oat-based food and drink products was invalid in relation to such products. In April 2021, the company had registered the trade mark 'POST MILK GENERATION' for use in...
The High Court has ruled that two girls, aged 10 and six, whose mother brought them to the UK without their father's consent should return to Zimbabwe . The girls and their parents were Zimbabwean nationals. The parents had married in 2014 but never lived...
The First-tier Tribunal (FTT) has ruled that a company which used ghostwriters to turn people's life stories into books was making zero-rated supplies of books, not standard-rated supplies of ghostwriting services. Customers would contact the company via...
Under Section 71(3) of the Solicitors Act 1974 , where a trustee, executor or administrator is liable to pay a solicitor's bill, any person with an interest in the property out of which it may be paid can apply to the court for an assessment of it. A High...
The Employment Appeal Tribunal (EAT) has ruled that, when rejecting an employee's complaint of unfair dismissal, the Employment Tribunal (ET) did not err in law in not identifying an additional complaint of disability discrimination under Section 15 of the ...
A woman has succeeded in obtaining the right to continue living in an annexe next to her son's house. The annexe was situated on a farm the woman owned and had originally been a stable block. When planning permission to convert it into an annexe was granted...
The Court of Appeal has ruled that a film company's claim for unjust enrichment against two companies involved in making Rogue One: A Star Wars Story should be struck out, overturning earlier rulings that the claim should proceed to trial. The actor Peter...
A recent case in which the Court of Appeal confirmed that a farmer was entitled to buy out his brother's interest in a family farming partnership illustrates the wisdom of having a partnership agreement in place which specifically details the rights and...
The Family Court has ruled in financial remedy proceedings that a departure from an equal division of assets was appropriate in view of the fact that riskier and less liquid business assets would be retained by the husband. The husband and wife had met in...
The government has updated the timetable for implementing key changes in the Employment Rights Act 2025 . A number of measures relating to trade unions and industrial action, including protections against dismissal for taking industrial action, came into...
The Court of Appeal has ruled that a mixed-use premises was a 'dwelling' , as defined in Section 38 of the Landlord and Tenant Act 1985 , and the tenants therefore benefited from the controls over the levying of service charges in the Act. The tenants...
In a case concerning a taxpayer who was not domiciled in the UK, the Upper Tribunal (UT) has upheld a decision that transfers from his overseas bank accounts to UK bank accounts of non-relevant persons amounted to taxable remittances under Section 809L of...
The High Court has ruled that a will made by a man who was suffering from delusions caused by late-onset schizophrenia was invalid for want of testamentary capacity. In late 2013, the man had become concerned that someone was trying to break into his home...
Buying your first home is an exciting milestone, and Kent continues to be a popular choice for first-time buyers thanks to its coastal towns, historic cities, villages and strong transport links to London. Here, Elliot Aish , a partner and solicitor in the...
The Information Commissioner's Office (ICO) provides guidance for the public on data protection and information rights on its website. Guidance is available on the following topics: making a Subject Access Request to find out if an organisation is...
The Supreme Court has ruled that a hotel company could not deduct input VAT on professional fees relating to the sale of a subsidiary company. The company received management fees from a wholly owned subsidiary which operated a luxury hotel in Birmingham....
The Employment Appeal Tribunal (EAT) has allowed a woman's appeal against a decision of the Employment Tribunal (ET) that she was not entitled to compensation for unfair dismissal because, had the employer followed a fair procedure, she would have been...
Scroll through social media and it is now common to see adverts offering quick, low-cost ways to “sort out” financial arrangements after separation or divorce. These online guides and template services often promise simplicity and savings and may...
When disagreements arise between neighbours about the ownership of land, it is invariably best to try to reach an amicable solution rather than engage in litigation. In an unusual case concerning the ownership of a driveway , the Upper Tribunal (UT)...
The Information Commissioner's Office (ICO) has issued a reprimand to the Post Office following a data breach in which it published the personal data of postmasters involved in group litigation relating to the Horizon IT scandal. In April 2024, it was...
In a recent ruling on a wife's application for a financial remedy order , the Family Court accepted that her caring responsibilities for the couple's son justified a departure from the sharing principle. The Court handed down its judgment as an indication...
The government has announced that the allowance for Business Property Relief (BPR) and Agricultural Property Relief (APR) will be £2.5 million when it is introduced on 6 April 2026, rather than £1 million as originally proposed. The government...
A man who illegally acted as a company director while bankrupt has been handed a suspended sentence. He had been declared bankrupt in October 2021. However, investigations by the Insolvency Service revealed that he had operated as a director of four...
The law affords testators a high degree of freedom to pass on their estates to whomever they wish, and the fact that the terms of a will may seem unfair to relatives is not enough to successfully challenge it. This point was illustrated by a recent case in...
The Court of Appeal has upheld a ruling of the Employment Appeal Tribunal (EAT) that a man who volunteered as a coastguard with the Maritime and Coastguard Agency (MCA) was a 'worker' for the purposes of Section 230(3) of the Employment Rights Act 1996 ...
As announced in the Autumn Budget 2025, the van benefit charge and the car and van fuel benefit charges will increase from 6 April 2026, in line with the Consumer Price Index. The van benefit charge applies where an employer provides an employee with a...
The courts are alert to the risk of divorcing couples being less than honest about their assets and liabilities in financial remedy proceedings. Recently, the Family Court rejected a husband's assertion that he owed £1.6 million to a company owned by...
The Court of Appeal has allowed a local planning authority's appeal against an award of costs made against it by the Secretary of State for Housing, Communities and Local Government after it withdrew its support for a planning application. A developer had...
Under Section 21 of the Housing Act 1988 , landlords may evict tenants who have an assured shorthold tenancy which is a periodic tenancy or a fixed-term tenancy that has expired by giving at least two months' notice. However, a Section 21 notice cannot be...
In the words of Yogi Berra “ The future ain’t what it used to be” Often known in the 1950’s for his misplaced aphorisms, the late American baseball legend famously tried to sue the Hanna-Barbera company for defamation of character,...
A woman who was subjected to defamatory posts on Facebook has succeeded in having them removed after taking legal advice. The woman and her husband had started to feed and look after a cat that had been coming into her garden. The cat subsequently...
Under Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 , employers that are proposing to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less must consult appropriate representatives...
The Family Court recently granted a local authority permission to withdraw an application for a care order in respect of a two-year-old girl, after the local authority concluded that, in the light of the medical evidence, it would not be able to meet the...
When seeking investment, businesses should ensure that any information a prospective investor might rely on when deciding to invest is accurate. Recently, the Court of Appeal dismissed a company director's appeal against an award of damages to two...
People have a great level of freedom to leave their estates as they choose and disappointed relatives must overcome a high hurdle to successfully challenge a will. Recently, the daughter of a woman who made a will leaving her entire estate to one of her sons...
Rule 22 of the Tribunal Procedure (Upper Tribunal) Rules 2008 provides that, where the Upper Tribunal (UT) refuses permission to appeal against a decision of the First-tier Tribunal (FTT) or gives only limited permission, it must give reasons for its...
If you previously made a Will with Daniel & Edwards Solicitors, you may be seeking confirmation of where your original Will is now held or whether it can be updated. In 2023, the original Wills held by Daniel & Edwards Solicitors were transferred...
The First-tier Tribunal (FTT) has found that a repayment of Income Tax due to a taxpayer who had died during the relevant tax year formed part of her estate for Inheritance Tax (IHT) purposes. The taxpayer had died on 18 December 2020. Her son, who was...
The government has announced the new rates of Statutory Sick Pay (SSP) and parental leave pay that will apply from 6 April 2026. The rate of SSP will increase from £118.75 per week to £123.25 per week. The rates of Statutory Maternity Pay,...
A guide to issues relating to property boundaries is available on the government's website. The guide notes that, in England and Wales, there is usually no record of the exact boundary between two properties or the ownership of boundary features between...
The Cyber Security and Resilience (Network and Information Systems) Bill, which was announced by the government in the King's Speech following the last general election, was introduced to Parliament on 12 November 2025. The Bill will reform and add to the ...
The Family Court has rejected a husband's application to set aside a financial remedy order made in his absence after he ceased to participate in the final hearing. The husband and wife had separated in 2022 after 15 years of marriage. On the first day of...
The Upper Tribunal (UT) recently set aside a decision of the First-tier Tribunal (FTT) upholding prohibition orders in respect of 15 flats, finding that the FTT had erred in accepting the local authority's calculation of the risk posed by the lack of space...
The best way to minimise the risk of a successful challenge to your will is to have it drawn up by a qualified solicitor. Recently, a woman's challenge to her elderly father's final will was rejected by the High Court . The man had made the will in March...
Can an employee who brings a claim for unfair dismissal on the basis of having made protected disclosures also bring a detriment claim where the alleged detriment is the dismissal itself? The Court of Appeal has reluctantly answered that question in the...
The Financial Conduct Authority (FCA) has outlined plans to reform the mortgage market, which could make it easier for first-time buyers and self-employed people to purchase properties. The reforms also aim to help homeowners access housing wealth in later...
A company that was incorporated by members of an insurance broking partnership and acquired the partnership's business has failed to persuade the First-tier Tribunal (FTT) that amortisation of the goodwill it acquired was deductible for Corporation Tax...
A recent High Court decision concerning whether a man and woman who planned to open a hotel in France were in partnership illustrates the wisdom of formally documenting agreements to set up in business and of taking appropriate legal advice. In June 2018,...
When patients lack capacity to decide whether to undergo medical treatment, the Court of Protection is often called upon to decide what is in their best interests. Recently, the Court ruled that it was in the best interests of a young man to undergo surgery...
The High Court has refused a mother's application for her five-year-old daughter's return to Dubai , instead granting an application by the girl's father for her to remain in England. The mother and father had married in 2019 and moved to Dubai, where the...
