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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...
The Employment Rights Bill has now received Royal Assent, becoming the Employment Rights Act 2025 . The changes will be introduced in phases over a two-year period, ensuring that employees and employers have time to plan and prepare. The majority of the...
If a UK domain name owned by someone else is similar to a business's own name or trading style, the business can seek to have the domain name transferred to it by making a complaint to Nominet UK through its Dispute Resolution Service (DRS). To succeed in a...
The Upper Tribunal (UT) has granted a landowner's application to modify a restrictive covenant to allow a small bungalow to be constructed in place of a workshop. The landowner had sold land near his house to a local developer in 1999. The developer built...
The Court of Appeal has dismissed an appeal against the High Court's rejection of a challenge to a grant of planning permission for an energy recovery facility, finding that the Secretary of State for Housing, Communities and Local Government had complied...
The manager of a care home has been sentenced to five and a half years in prison for forging the will of an elderly woman who lived in the home. The woman had moved into the home in 2020 after becoming ill. She was described by the judge as 'particularly...
A taxpayer has successfully argued before the First-tier Tribunal (FTT) that a company's purchase of shares he owned in it was wholly or mainly for the purpose of benefiting its trade under Section 1033 of the Corporation Tax Act 2010 . The consideration...
The government is seeking responses to a working paper on options for reform of non-compete clauses in employment contracts. According to previous analysis, around 5 million employees in Great Britain work under contracts that contains non-compete clauses,...
Under Schedule 1 of the Children Act 1989 , an unmarried parent can apply for financial provision for their child from the other parent. The Family Court recently granted a mother's application for interim relief in Schedule 1 proceedings, ordering the...
The Court of Appeal has dismissed an appeal by a casino company against a ruling that it had failed to show that apportioning VAT on overhead costs by reference to floor space gave rise to a fairer and more reasonable result than the standard,...
The Upper Tribunal (UT) has allowed a landowner's appeal against the rejection of his application to be registered as the proprietor of a parcel of land on the basis of adverse possession. The landowner and the owner of adjoining land both carried on...
The High Court has rejected a son's claim that he was entitled to inherit his father's farm based on promises his father had made during his lifetime. The son's claim that his father's last two wills were invalid was also rejected. The father had died in...
The Court of Appeal has dismissed a supermarket chain's appeal against a decision of the Intellectual Property Enterprise Court (IPEC) upholding the validity of a trade mark it was alleged to have infringed. The mark was registered for goods and services...
The government has announced the rates of the National Living Wage (NLW) and National Minimum Wage (NMW) which will take effect from 1 April 2026. In announcing these increases, the government has accepted in full the recommendations made by the Low Pay...
The Information Commissioner's Office (ICO) have fined a self-employed lead generator £200,000 for sending unsolicited text messages regarding debt reduction schemes and energy saving grants. The lead generator had previously come to the ICO's...
When deciding what is in the best interests of a patient who lacks capacity to make decisions about their care, the courts will take into account any wishes and feelings the patient has previously expressed, as well as the medical evidence. Recently, the ...
The Employment Appeal Tribunal (EAT) has found that the Employment Tribunal (ET) did not err in law in rejecting a postman's complaints of discrimination because of something arising in consequence of disability and unfair dismissal ( Kirby v Royal Mail...
From 1 December 2025, the Financial Services Compensation Scheme (FSCS) deposit protection limit is increasing from £85,000 to £120,000. If you hold deposits or savings with a UK-authorised bank, building society or credit union and it goes out...
Under Section 168 of the Commonhold and Leasehold Reform Act 2002 , a landlord under a long lease may not serve a notice of forfeiture on a tenant in respect of a breach of covenant unless the tenant has admitted, or the appropriate court or tribunal has...
From January this year, new reporting provisions were introduced in family courts in England and Wales, following a successful pilot scheme. The government has published guidance on the new regime for parents and family members involved in family court...
The Court of Appeal has dismissed an umbrella company's appeal against determinations issued by HM Revenue and Customs (HMRC) in respect of Income Tax (IT) and National Insurance Contributions (NICs), finding that the company did not have overarching...
A homeowner has succeeded in his application for a boundary determination after his neighbours extended their driveway and built a fence in front of his window. The homeowner had bought his house in 2021. A few months later, the neighbours had dug up part...
The High Court has upheld the validity of a codicil to a woman's will which left the family farm to her two daughters and dismissed claims by her grandsons that she had promised the farm to them. The woman had passed away in 2020 at the age of 96. A will...
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, however, it is...
A woman who was dismissed from her job at a company that provided accountancy services has been awarded £14,120 in compensation after the Employment Tribunal (ET) found that she had been unfairly dismissed ( Lanuszka v Accountancy MK Services Limited ...
