Legal News

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Investment advice is best obtained from authorised professionals and it is unwise to rely on friends' recommendations, no matter how trustworthy they may appear. In one case that proved the point, a currency trader who turned to fraud and lost £500,000...
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For Employment Tribunal (ET) claims lodged on or after 6 May 2014, it is a legal requirement, unless an exemption applies, for the claimant to first notify the Advisory, Conciliation and Arbitration Service (Acas) by completing an Early Conciliation (EC)...
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With the recent furore over the Government's proposed increase in the cost of obtaining probate on larger estates, currently on ice owing to lack of parliamentary time in the run up to the General Election, it is nice to see that the direction of change in...
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Insolvency proceedings that arise in the midst of an ongoing trading relationship can sometimes result in large sums of money remaining in limbo for a significant period. In one such case, the High Court ruled on the correct destination of more than 870,000...
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Restrictive covenants often date back many years and a delicate balance sometimes has to be struck between their enforcement and the public interest in efficient use of the increasingly scarce supply of suitable land. In a recent case, the Upper Tribunal...
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Owning a long leasehold, particularly one in a block of flats or which is part of a larger development, can be very different from owning a freehold. Typically the obligations of tenants are more proscriptive, being based on an acknowledgement that parts of...
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A recent case in which web searches for a pioneering psychologist led to a website selling shoes and clothes shows the extent to which Nominet, the Internet watchdog, will act to protect the rights that people have in their own names. The psychologist had a...
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When accidents cause damage or injury and the responsible driver is uninsured, a claim can be made to the Motor Insurers' Bureau (MIB), an organisation financed by motor insurers with the intention of compensating those who have been involved in accidents...
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An argument that assets which HM Revenue and Customs (HMRC) said belonged to a deceased man (and were thus subject to Inheritance Tax) were actually owned in whole or in part by his son was rejected by the First-tier Tribunal (FTT) recently . After the son...
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The Equality Act 2010 makes it unlawful to discriminate against or treat a woman unfavourably because of her pregnancy, or because she has given birth recently, is breastfeeding or is on maternity leave. In addition, the Employment Rights Act 1996 and...
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In the Internet era, it is wholly acceptable to use Facebook or other social media to make contact with those who have to be notified of family proceedings. The High Court made that point after being forced to abandon an adoption hearing due to a failure...
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Disputes about the validity of wills frequently centre on allegations that the deceased lacked 'mental capacity' when they created a will. In a recent case, the court had to consider whether a man who died less than two months after writing a will was...
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Contract arbitrators' decisions are meant to be final and challenging them is always an uphill struggle. This point was illustrated by one case in which the High Court upheld a six-figure award to a local authority in respect of a defectively designed...
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There is no statutory requirement for local authorities to give reasons for granting planning consent. However, an important Court of Appeal case concerning a football club's controversial plans to build a new stadium in the Green Belt showed that there is...
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Disturbance can take many forms and noise is just one of them. Planners made that point in heeding the concerns of residents of a quiet cul-de-sac and scotching plans for a 30-flat supported living development on the edge of a seaside town. The would-be...
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Whether or not the employment of an organised grouping of workers has been transferred from one employer to another for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) is a matter of critical significance...
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On the rare occasion that a professional adviser makes a mistake or behaves improperly, clients should be able to be confident of being compensated in full. A recent case shows how a client's potential loss at the hands of identity fraudsters was met by...
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Litigation often requires disclosure of highly sensitive commercial details. However, as one intellectual property case concerning a mapping database showed , the courts do have sophisticated means of keeping such information under wraps. A company had...
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We have often written about the dangers of taking advice from unqualified and/or unregulated advisers. A recent change in the regulations surrounding financial advice will cause some concern for those with friends or relatives who may be influenced by...
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The one-year deferral in the adoption of the new 'Making Tax Digital' system for small businesses and landlords is to be welcomed, but businesses are strongly advised to make themselves aware of their pending obligations under the system at an early stage. ...
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In ruling on a question concerning the interpretation of EU Directive 2000/78/EC, which establishes a general framework for equal treatment in employment and occupation, the Court of Justice of the European Union (CJEU) has ruled that an employer's ban on...
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A person who voluntarily prioritises their marriage over their working life may not be entitled to compensation for the earnings foregone if their relationship ends in divorce. The Court of Appeal made that point in ruling on the case of a former headteacher...
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Being in a cartel is unlawful and is a risky business – especially when one of the cartel members blows the whistle on the others. In such circumstances, the whistleblower can receive immunity from punishment, leaving the other members to carry the...
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Where there is money, there is opportunity for wrongdoing and a steady stream of cases show that vigilance is needed to prevent the assets of the deceased or elderly being misappropriated. In one case, three cleaners of a deceased South Wales man claimed to...
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As a recent case shows , whilst there is legislation which, in certain circumstances, allows leaseholders to obtain the right to manage the buildings they occupy, the process is replete with traps and it makes sense to proceed in such cases only with the...
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