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Forfeiture of Commercial Leases - Court of Appeal Test Case

Commercial tenants whose rights are trampled upon by their landlords are far from powerless and should seek legal advice right away. A shopkeeper who did just that after his lease was unlawfully forfeited and his stock seized won the right to substantial...

Civil Service Termination Payments 'Age Discriminatory'

Workplace practices that result in employees being treated less favourably because of their age may be justified if they are a proportionate means of achieving a legitimate aim. However, as an important Employment Tribunal (ET) case showed, establishing such...

Couple Subjected to Race Discrimination By Adoption Agency Win Damages

Race discrimination may not be intentional, but it can be deeply hurtful and, with the right legal advice, victims can both express their disgust and secure compensation. In a striking case on point , a Sikh couple who were rejected as potential adopters...

Workplace Data Leaks - Motor Insurer Wins Six-Figure Compensation

Miscreant employees often form the first link in a chain which feeds the black market in personal data. However, as a ground-breaking High Court ruling showed , anyone who profits from the use of such illicitly leaked material risks being hit hard in the...

Lack of Legal Advice Leads to Dispute Over Property

Couples can sometimes be tempted to enter into property transactions together without taking legal advice, on the basis that the love and trust between them will last forever. However, a High Court ruling strikingly showed how misguided such assumptions can...

Couple's Claim for CGT Loss on Holiday Home Succeeds

HM Revenue and Customs (HMRC) may appear a very big battalion indeed but, with the right legal advice, individuals can succeed in overturning their decisions. Exactly that happened in a case concerning a couple who lost over £6 million in a disastrous...

Cricket Club Pays Price for VAT Zero-Rating Blunder on New Pavilion

The law relating to VAT zero-rating in connection with construction projects is highly complex and the consequences of making a mistake can be severe. In one case, a cricket club was left ruing its failure to take professional advice after wrongly issuing a...

High Court Resolves Family Row Over Funeral Arrangements

What exactly is a will? The High Court addressed that fundamental issue in resolving a bitter family dispute in respect of where a much-loved son and husband should be buried. Following the man's death from cancer, his mother insisted that he should be...

Adoption is Always a Last Resort - Troubled Mum Achieves Redemption

One of the hardest tasks that family judges have to undertake is to remove children from the care of parents who are incapable of looking after them. However, as one case showed , adoption of children outside their natural families is only ever a last...

Scaffolding Triggers Commercial Tenant's 'Peaceful Enjoyment' Complaint

Included in almost every commercial lease is a covenant which confers on the tenant a right to peacefully enjoy the premises. One such provision came under close High Court analysis in the case of a dentist whose practice was encased in scaffolding whilst...

Mental Health Problems Can Be Just as Disabling as Physical Incapacity

The word 'disabled' may bring to mind a person who is physically incapacitated, but the definition of the word in employment law terms is far broader than that. The point was made by a case in which an Employment Tribunal (ET) found that anxiety and...

Family's Informal Occupation of Farmhouse Triggers High Court Dispute

Allowing people to occupy your property on the basis of a handshake is an invitation to misunderstandings and costly dispute. The point was proved by a case in which the trustee of an agricultural estate found himself in court after he informally permitted a...

Finance Company Behind Direct Marketing Email Campaign Fined £60,000

Unsolicited direct marketing emails, sent without informed consent, are viewed as a modern scourge by millions and those who engage in such campaigns can expect severe punishment. In one case, a finance company which broke the rules when promoting pre-paid...

Buyer of Crash-Damaged Ferrari Awarded His Money Back By Judge

If you have been deceived by a salesman into paying too much for dodgy goods, you should see a lawyer right away. The disappointed buyer of a crash-damaged Ferrari sports car who did just that was awarded his money back by a judge. The buyer was attracted...

The Truth Will Out! Judge Rules £12 Million Loan Contracts Worthless

Judges are sadly familiar with attempts to hoodwink them, but the great advantage of the litigation process is that, in the vast majority of cases, the truth will out. In a case on point, the High Court dismissed a £12 million claim after ruling a...

Off-Plan Flat Buyer Wins Full CGT Relief in Test Case

Can a purchaser of a property be said to 'own' it after contracts are exchanged but before the transaction is completed? The Court of Appeal's answer to that fundamental question delivered a substantial Capital Gains Tax (CGT) saving to an off-plan flat...

High Court Orders Restaurant Chain to Complete Commercial Lease

Does an agreement to enter into a commercial lease come to an end if the identity of the prospective landlord changes? The High Court tackled that thorny issue in a case concerning new-build restaurant premises. A restaurant chain agreed with pension...

Promises, Promises - Always Get a Lawyer to Put Them in Writing!

The trouble with informally agreeing with your loved ones what is to happen to your assets after you are gone is that you may not have considered all eventualities, and disputes can arise as to what has and has not been promised. Exactly that lay at the root...

Disciplinary Investigations - Any Lack of Fairness Will Cost You!

Workplace disciplinary investigations require careful handling and employers who fail to act fairly are likely to be hit hard in the pocket. That was certainly so in the case of a property manager who was ambushed at an investigatory meeting and left feeling...

Family Judge Blocks Attempt at Divorce Tourism in Big Money Case

English judges are respected around the world – but they are not the sole arbiters of fairness and the decisions of foreign courts must be respected. A family judge made that point in shutting the door on divorce tourism and refusing a Russian...
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