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    Equal Pay Claims - EAT Reconsiders Material Factor Defence

    An employer will be able to defeat an equal pay claim under the Equality Act 2010 if it can show that the difference in pay is due to a 'material factor' other than the employee's sex. The Employment Appeal Tribunal (EAT) recently shed light on what is...

    Breach of Warranty Claim Can Go to Trial

    After a company has been purchased, any allegations that the seller is in breach of warranties given to the purchaser are likely to require careful determination. That point was illustrated recently when the High Court refused a businessman's application to...

    Removal of Guttering Leads to Costly Court Battle

    Disagreements between neighbours over where the boundary between their properties lies can ultimately lead to litigation costs far exceeding the value of the land in question. In a widely reported case, the removal of guttering that allegedly overhung a...

    Retired Businessman's Final Will Ruled Invalid

    Having your will drawn up professionally by a qualified solicitor is always a sensible precaution, especially in later life. In a recent case, the High Court ruled that a retired businessman lacked testamentary capacity when he made a will less than three...

    Lidl Succeeds in Trade Mark Infringement Claim

    The Court of Appeal has ruled on a dispute between supermarket giants Lidl and Tesco, upholding the decision of the High Court that signs used in a promotion run by Tesco amounted to trade mark infringement and passing off. In September 2020, Tesco began...

    Company Owner's Negligible Value Claim Unsuccessful

    When an asset falls in value to the point that it is almost worthless, it may be possible to make a negligible value claim under Section 24 of the Taxation of Chargeable Gains Act 1992 . The asset will then be treated as if it had been sold and immediately...

    Supreme Court Rules on Strike Action Protections

    The Supreme Court has handed down its decision in a long-running case concerning whether protections against detriments short of dismissal for engaging in trade union activities are extensive enough to comply with the UK's obligations under the European...

    Wrong Address a Reasonable Excuse for Landlord

    Landlords would be well advised to ensure all records regarding their properties are kept up to date. Recently, however, the Upper Tribunal (UT) agreed with a residential landlord that she had a reasonable excuse for failing to comply with an Improvement...

    Court Sanctions Leg Amputation for Man Lacking Mental Capacity

    The courts are often called upon to sanction treatment for patients whose ability to make decisions for themselves is impaired. In a recent case on point , the Court of Protection had to decide whether it was in the best interests of a man with mental...

    Former Group Company's Fees Subject to VAT

    Supplies between companies in the same VAT group are disregarded for VAT purposes by virtue of Section 43(1)(a) of the Value Added Tax Act 1994 . A case that recently reached the Court of Appeal concerned whether this disregard applies if the supplying...
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