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The Employment Appeal Tribunal (EAT) has found that, when rejecting a woman's claim because the name of the respondent on the claim form did not match the name of the employer on the early conciliation certificate, the Employment Tribunal (ET) erred in law...
In a case relating to the division of assets under a pre-nuptial agreement (PNA), the Family Court has ruled that a wife should be allowed to amend her case to formally plead conduct under Section 25(2)(g) of the Matrimonial Causes Act 1973 . It was common...
The Upper Tribunal (UT) has upheld a company's appeal against a £10,000 fine for managing or being in control of a house in multiple occupation (HMO), finding that there was no evidence that it was a person managing the property. The local authority...
It is wise to seek legal advice before making an application to the First-tier Tribunal (FTT) for a determination of liability to pay service charges. Recently, the FTT was unable to rule conclusively on whether the tenants of two flats were liable to...
The Information Commissioner's Office (ICO) has published guidance for organisations on the Data (Use and Access) Act 2025 , which received Royal Assent on 19 June 2025. The Act makes changes to data protection law in order to promote innovation and...
It is important to ensure you fully understand the rules of any tax reliefs claimed and take advice if necessary. Recently, the Upper Tribunal (UT) dismissed an entrepreneur's appeal against a decision that the provision of a Director's Loan Account (DLA)...
The Employment Tribunal (ET) has ruled that a man who worked for a membership association which acted on behalf of free-range egg producers was an employee rather than a self-employed contractor ( Gooch v British Free Range Egg Producers Association and...
The High Court recently rejected a challenge to the will of a woman who had experienced memory issues prior to making it. The woman had made the will in 2008. She left her interest in her and her husband's house to her elder daughter. After bequests of...
A recent decision of the First-tier Tribunal (FTT) refusing permission to make late appeals against denials of 16 companies' claims for tax relief highlights the dangers of failing to appeal decisions made by HM Revenue and Customs (HMRC) in time. A...
A ‘property protection trust’ (PPT) also known as ‘asset protection trust’ are trust structures both for lifetime and Will trusts. It is quite unusual to have the circumstances that require one. Unfortunately, they are becoming more...
When considering issues relating to parental responsibility for children, one of the factors the courts will have regard to under Section 1(3) of the Children Act 1989 is the children's wishes and feelings, in the light of their age and understanding....
An award-winning saleswoman who was not allowed to return to her former role after taking maternity leave, resulting in a significant reduction in her earnings, has succeeded in her maternity discrimination claim before an Employment Tribunal (ET) ( Lindup...
The register of a property's title can be rectified if it contains a mistake. The question of what constitutes proof of a mistake was the subject of a recent case in which the Upper Tribunal (UT) allowed a homeowner's appeal against a decision that title...
Both landlords and tenants can apply to the First-tier Tribunal (FTT) for a determination of whether a service charge is payable. Recently, a landlord was successful in applying for a determination that a leaseholder was liable to pay it £11,371 in...
The Government has published its response to the final report of the Digitisation Taskforce . The Taskforce has been assessing how the UK can eliminate the use of paper share certificates for traded companies, which create inefficiencies and costs for...
The Information Commissioner's Office (ICO) has published new guidance to help organisations disclosing documents to the public to do so securely , minimising the risk of accidental breaches of personal information. Many organisations regularly need to...
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 expressed by the patient as well as the medical evidence. Recently, the Court of...
The Supreme Court has allowed an appeal against a Court of Appeal ruling that commissions paid by dealers to lenders in respect of car finance should be refunded to customers, in a decision which is likely to reduce the scope for similar claims going...
The Employment Appeal Tribunal (EAT) has upheld an HGV driver's appeal against the rejection of his constructive unfair dismissal claim, finding that the Employment Tribunal (ET) had misdirected itself on the proper approach to considering the 'last straw' (...
The best way to ensure that your estate will pass to those you wish is to make a will and ensure it is kept up to date. Having a will in place will also make it easier to administer your estate. Figures from the Ministry of Justice (MoJ) show that the...
The Court of Appeal has allowed a husband's appeal against a High Court decision upholding the validity of a pre-nuptial agreement (PNA), ruling that the wife's failure to disclose a significant proportion of her assets rendered the PNA invalid. The...
Cases involving the extent of business interruption insurance cover for losses arising due to the COVID-19 pandemic continue to come before the courts. Recently, the High Court was called upon to determine whether the British Horseracing Authority (BHA) and...
All land in England ultimately belongs to the Crown. In a recent case which serves as something of a cautionary tale , a couple who were the directors and shareholders of a company that had owned a property when it was dissolved have been unsuccessful in...
A man who was not resident in the UK for tax purposes has failed to persuade the First-tier Tribunal (FTT) that he was not liable to pay Income Tax on the profits of three limited liability partnerships (LLPs) of which he was a member. The LLPs would...
The Upper Tribunal (UT) has upheld an appeal by the landlords of a rental property against a decision of the First-tier Tribunal (FTT) to vary an improvement notice, finding that the FTT had failed to explain why the local authority was justified in...
The Government has confirmed plans to bring most unused pension funds and death benefits within the scope of Inheritance Tax (IHT) from 6 April 2027. The plans were originally announced at the Autumn Budget 2024. This was followed by a technical...
The High Court has ruled that a will made by an elderly woman less than two years before she died was invalid because she lacked testamentary capacity when it was made. The woman had died in October 2014 at the age of 95. In January 2013 she had made a...
The Government has launched a full review of parental leave and pay, with the aim of better supporting working families and helping children to get the best start in life. The Government says that the current system is complicated and does not always give...
In a ruling that clarifies the circumstances in which non-matrimonial assets can become 'matrimonialised', the Supreme Court has upheld a decision of the Court of Appeal that a transfer of assets from a husband to a wife as part of a tax planning exercise...
The First-tier Tribunal (FTT) has allowed a company's appeal against a VAT assessment raised by HM Revenue and Customs (HMRC), finding that the assessment was made when it was countersigned by an HMRC officer and was thus made outside the statutory time...
Paragraph 7 of Schedule 3 of the Mental Capacity Act 2005 gives the Court of Protection the power to exercise its functions under the Act in relation to an adult who is habitually resident in England and Wales. It is therefore sometimes necessary for the...
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). Recently, an academy trust responsible for 26...
The licensing regime for houses in multiple occupation (HMOs) exists to protect the safety and welfare of tenants. Recently, four tenants of an unlicensed HMO obtained rent repayment orders totalling £23,177. The tenants had rented a four-bedroom...
The Employment Appeal Tribunal (EAT) has upheld an appeal against the striking out of a man's claims after he failed to comply with a case management order, finding that the Employment Tribunal (ET) had failed to consider whether a fair trial was still...
Anyone who requires assistance with their tax affairs should ensure that they deal with a reputable and appropriately regulated advisor. Recently, a courier who claimed rebates for work expenses on the basis of misleading advice was unsuccessful in his...
The High Court has refused a university's application for permission to adduce expert evidence relating to the interpretation of a licence it had entered into with a pharmaceutical company. Under the licence, which was entered into in 2004, the university...
The Family Division of the High Court has granted a mother's application for her younger daughter, who was living with her father in the USA, to be returned to the UK. The mother and father had decided to separate in 2020 but, due to the COVID-19...
The Employment Appeal Tribunal (EAT) has dismissed an appeal against a decision that a consultant to a professional services firm was only entitled to be paid fees in respect of work he had personally done for one of the firm's clients, rather than all work...
Recent figures from HM Courts and Tribunals Service show that the waiting time for grants of probate has remained steady for several months, following delays in processing probate applications in recent years. The average time from submission of a probate...
The Court of Appeal has rejected a supermarket chain's appeal against the dismissal of its claim for judicial review of a planning permission granted to a competitor. The Court found that the local council had correctly understood and applied the...
In certain circumstances, a member of a club whose membership is unfairly terminated may be able to obtain legal redress. In a recent case, a woman who was expelled from a prestigious golf club after she was accused of cheating in a competition has succeeded...
HM Revenue and Customs (HMRC) have published statistics showing the tax gap – the difference between the amount of tax that should, in theory, be paid to HMRC and the amount actually paid. The statistics indicate that small businesses account for a...
The leaseholders of a flat in a separate wing of a country house have succeeded in their appeal against a determination that they were liable to pay service charges in respect of the common parts of the house. The leaseholders had purchased the flat in...
A company that provides direct-to-consumer genetic testing services has been fined £2.31 million by the Information Commissioner's Office (ICO) for failing to implement appropriate security measures to protect the personal information of UK users. ...
The Family Court has ruled on an application for financial remedies in a case which involved a range of assets and was characterised by animosity and dispute. The husband and wife had married in Cyprus in 2008 and subsequently lived in London. They...
The Employment Appeal Tribunal (EAT) has upheld a woman's appeal against the dismissal of her complaint of victimisation, finding that the Employment Tribunal (ET) had adopted too narrow a definition of what could constitute a protected act and had not...
The First-tier Tribunal (FTT) has rejected a woman's argument that her former husband was liable to tax on half of the income from a rental property they jointly owned. She and her husband had bought the property in 2013. In 2015 her husband went on...
In a decision that will be welcomed by property developers , the Supreme Court has ruled that if a developer voluntarily remedies defects in a development, there is no rule of law preventing it from seeking damages from the party responsible for the...
Yesterday, 2 July 2025, Bryony Ritchie from our Canterbury Castle Street office gave a well-received talk at Westgate Hall in Canterbury to a group of RNLI supporters. The event was attended by 35 members of the public, all of whom have expressed an...
In cases regarding medical treatment, judges sometimes have to make difficult decisions urgently in very sad circumstances. Recently, the Court of Protection ruled that it was in the best interests of a woman with anorexia to be fed while under general...
