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What is an 'Existing Building'? - Tax Tribunal Clarifies the Law

A property owner who demolishes an existing dwelling house and replaces it with an entirely new one is entitled to reclaim VAT on the costs of construction – but what happens if part of the original building is retained? A tribunal considered that...

Student Bedsits Are Not 'Separate Dwellings'

In a decision of great importance to landlords of student accommodation , a tribunal has found that bedsits with communal facilities are not separate dwellings. The ruling meant that the tribunal had no power to consider an attempt by a group of students to...

Equality of Division of Assets on Divorce Abolished? Hardly

The popular press has made a great deal of a recent Court of Appeal case , reporting that there had been a significant departure from the general principle that the assets built up by a couple during their marriage are to be split more or less equally on...

GDPR Guide and Steps to Take

The General Data Protection Regulation (GDPR) is a comprehensive data protection regime which will start to be enforced in the UK in May 2018. The penalties for non-compliance can be very substantial – for serious breaches, up to 4 per cent of global...

Court Upholds Restrictions on Holiday Homes

The old adage that 'an Englishman's home is his castle' is only partially true and the impact of planning law on a property owner's rights can be far-reaching – even extending to limiting the right of occupation. This is particularly an issue in areas...

Workplace Disciplinary Action - Does the Penalty Fit the Offence?

When it comes to workplace disciplinary action, it is vital for employers to ensure that the penalty fits the offence. In one striking case where that certainly did not happen, a bus driver who was unfairly dismissed for shooting a red light after 37 years'...

High Court Dementia Ruling - Judge Acts to Protect Widow

Amidst an ageing population, the role of judges in protecting the weak, vulnerable and infirm is of ever increasing importance. In one case that proves the point, the High Court stepped in to set aside land transfers made by an elderly farmer with dementia...

Court of Appeal Applies Commercial Clarity to Contract Terms

Large construction or maintenance projects rarely proceed without at least a few surprises and the contracts for such projects are generally drafted with such eventualities in mind. One often-used technique is to use minimum performance level agreements,...

Private Investors - Beware of Wolves in Sheep's Clothing!

There have always been wolves in sheep's clothing ready to take unfair advantage of private investors and they can be difficult to spot without professional advice. In one case, a company that participated in the sale of coloured diamonds to the public at...

Using Fansites? Take Care What You Say

Among football fans it is very well known that the owners and supporters of Blackpool FC are not on good terms. It is also common knowledge that comments on fan websites can be very immoderate at times. However, a recent case shows that no matter how deep...
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