Latest News

Take Care When Appointing a Non-Lawyer as Your Executor

When you appoint a solicitor to be the executor of your will, you can be assured that they will understand their duties and can be relied upon to comply with them. However, as a High Court case showed, the same sadly cannot always be said of friends or...

Council's Drafting Error Opens Way for Change of Use

Planning permissions mean what they say and judges are very reluctant to imply terms into them, even in order to correct flawed drafting. That point was made by the High Court as it opened the way for a former DIY store to be used for food retailing. ...

Court Corrects Parenthood Bungle

When a same-sex couple undertook fertility treatment which led to the birth of a baby girl, the intention was that both would be listed as her legal parents. However, due to mistakes made in processing the necessary forms, only one of the couple was shown as...

Legal Costs of Defending Director Not Tax Deductible

To what extent are the costs of professional advice given to a director tax deductible by the company that he or she serves? A tribunal tackled that thorny issue in a case of importance to company directors and their tax advisers. A director of a computer...

Two Wrongs Don't Make a Right

When a contract is breached and one party suffers a loss as a result, they are normally entitled to be compensated for their loss by the party that has breached the contract. Whilst there are a number of ways the breach can be dealt with by the courts, the...

HMRC Fail in IHT Challenge on Livery

HM Revenue and Customs (HMRC) have challenged a number of property-based trading businesses, seeking to deprive them of the Inheritance Tax (IHT) and Capital Gains Tax advantages that are normally available. In a recent case, HMRC sought to persuade the...

Employment Status - Uber Must Take its Case to the Court of Appeal

After the Employment Appeal Tribunal upheld the decision of the Employment Tribunal that Uber drivers are workers, rather than being self-employed, and thus have the right to be paid the National Minimum Wage or the National Living Wage and to receive...

Part-Time Workers and Discrimination

The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (PTWR), which came into force on 1 July 2000, established a minimum standard of fairness for part-timers so that they cannot be treated less favourably than comparable...

Flat Tenants - Taking Over Management Can Be a Legal Minefield

Most leaseholders would like to obtain the right to manage their own premises. However, as one tribunal case shows , there are many potential pitfalls, so seeking professional legal advice is always a wise precaution. The four qualifying tenants of a block...

National Minimum Wage Rates 2018-2019

The Government has accepted the Low Pay Commission's recommended rates for the National Living Wage (NLW) and the National Minimum Wage (NMW) that will come into effect on 1 April 2018: The NLW, which applies to those aged 25 and over, will...

Failure to Use Solicitor for Will Leads to Challenge

Charities are generally thought of as being mild and benevolent organisations and in many ways they are, but some can also be very aggressive when they are expecting to receive money from an estate and their hopes are dashed. The extent to which some will...

EU Proposes Steady as She Goes on IP Rights

In a knowledge-based economy, the protection of intellectual property is often of existential importance to businesses. With Brexit impending, the protection of such rights across Europe has come into focus and the European Union has come up with its ideas...

Common Pitfalls of the Office Christmas Party

The annual Christmas party offers employers the chance to thank members of staff for their hard work over the past year and is a chance for everyone to relax and enjoy the holiday season. However, with events of this nature, there is the potential for things...

Insurance Extension on the Cards?

Under UK law, it is compulsory for all vehicles that are used on public roads to be insured, and third-party liability insurance, which covers accidental injury to others, is the legal minimum. There is even a compensation scheme, funded by UK insurance...

Economic Reality Telling Factor in Planning Appeal

Aesthetic opinions differ dramatically and, in planning disputes, one property owner's dream is very often anathema to another. That was certainly so in one case in which the Court of Appeal opened the way for the demolition and replacement of a...

HMRC Slammed for Unreasonable Behaviour As Costs Awarded to Taxpayer

The increasing aggressiveness of HM Revenue and Customs (HMRC) in dealing with taxpayers was recently given short shrift by the First-tier Tribunal (FTT), which criticised HMRC's high-handedness and ordered them to make a payment to the taxpayer concerned....

Government Must Prove its Case to Obtain Deportation

Marriages of convenience are normally entered into in order to give one of the spouses the right to remain in the UK. At present, EU citizens normally have the right to remain in the UK. However, that right can be removed if it is shown that it has been...

Letting Agency Fined for Breaches of Consumer Rights Legislation

Professionals who deal directly with the public are subject to a battery of consumer protection rules and failing to comply with them can be costly, both in financial and reputational terms. In one case, a letting agency that neglected to display a list of...

Mis-Sold an Interest Rate Hedging Product? Don't Miss the Time Limit for a Claim

Mis-selling of interest rate hedging products (IRHPs) by lenders has caused acute financial pain to a great many businesses and individuals and, as one High Court case shows , you should contact us immediately if you have the slightest suspicion that you...

Equal Pay - Can You Compare One Type of Job With Another?

For the purposes of equal pay legislation, can workers doing one job compare themselves with others performing an entirely different task when both are paid from a single source? In an important decision, the Employment Appeal Tribunal (EAT) has ruled that...
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