Latest Legal News

Latest News

Clandestine Rendezvous Leads to Unfair Constructive Dismissal Finding

Openness and transparency are key to promoting a healthy working environment. An Employment Tribunal (ET) made that point in taking a very dim view of a clandestine rendezvous between a salesman and his line manager in a shopping centre car park ( ...

Lending Money? It Pays to Invest in a Professionally Drafted Agreement

When lending money to friends, acquaintances or anyone else, the terms on which sums are advanced may be entirely clear to you in your own mind. However, as a High Court ruling showed , the absence of a professionally drafted loan agreement is a positive...

Selling Your Business? The Structure of the Transaction Really Matters

When selling your business, the structure of the transaction matters enormously and should always be the subject of professional advice. In a case on point, two women who sold their company for a seven-figure sum ended up with Capital Gains Tax (CGT) demands...

Performance of Employment Contract 'Tainted by Illegality' - Cautionary Tale

There is nothing wrong with an employee being paid in a tax-efficient manner. As an Employment Tribunal (ET) ruling showed, however, where such arrangements stray into the realms of unlawful evasion the consequences are likely to be severe. The case...

Design Rights - Inspiration is One Thing But Deliberate Copying Quite Another

Every fashion industry professional knows that innovative designs tend to spawn imitation. However, as a High Court ruling showed , there is a great difference between acceptable inspiration and illegitimate copying. The case concerned a company that sold...

Family Judge Heeds Teenage Foster Child's Wish to Change His Surname

Children do not, as a matter of law, have capacity to make important decisions for themselves – but that does not mean that their wishes and feelings are irrelevant. In an unusual case on point, the High Court gave effect to a teenage foster child's...

'Hope Value' Boosts Compulsory Purchase Compensation Award

The likelihood of planning consent being granted in respect of a plot of land can be a crucial determining factor when assessing its value. As an Upper Tribunal (UT) ruling showed , the existence or otherwise of such so-called 'hope value' is often the...

Inheritance - Daughter's Lies Trigger Rare Finding of Fraudulent Calumny

Sick and vulnerable people can be prone to the malign, even fraudulent, influence of relatives or others who are intent on maximising their inheritance. However, as a High Court case showed , such conduct is unlikely to go undetected. The case concerned a...

Railway Infrastructure Company Pays Price for Infringing Competition Law

If you have suffered financial loss due to another's breach of competition law, expert lawyers will see to it that you are fairly compensated. In a case on point, a provider of supplier assurance schemes that was for years kept out of the railway...

What is an 'Annoyance'? High Court Defines the Correct Legal Test

Restrictive covenants that forbid property owners from causing annoyance, nuisance or disturbance to their neighbours commonly appear in title deeds – but how are they to be interpreted? In the context of a dispute between residents of a housing...

Harassment - The English Language Evolves and So Must the Workplace

The English language is constantly evolving and words that might once have been considered harmless are now regarded as racist, homophobic and sexist slurs. An Employment Tribunal (ET) powerfully made that point in condemning a manager's persistent...

Trade Union Targeted by Social Media Campaign Awarded £50,000 Damages

No matter how strongly you may feel, you should pause for thought before venting your spleen on social media. As a High Court ruling showed, expressions of regret after the mouse has been clicked may not be enough to save you from the crushing legal...

Double Taxation Treaties - Wealthy South African Relieved of £10 Million Bill

Rich individuals often have their feet firmly planted in more than one country and that can give rise to disputes as to where they should be taxed. In a guideline case, the First-tier Tribunal (FTT) considered the position of an extremely wealthy man with...

What is a 'Controversial' Planning Application? High Court Gives Guidance

If you object to a planning application, you are perfectly entitled to encourage others to join you in voicing opposition. However, as a High Court ruling showed , the fact that objections may, in effect, come from a single source is relevant to the...

Family Judge Labours to Achieve Fairness Between Debt-Laden Divorcees

So-called 'big money' divorces may grab the headlines, but lower-value disputes can often be the hardest to resolve. In a case on point, a family judge laboured to meet the reasonable needs of a divorcing couple whose debts far exceeded their modest...

Make a Will and Appoint a Professional Executor - Two Ways to Avoid Conflict

There is ultimately only so much that you can do to prevent your loved ones falling out over inheritance issues after you are gone. However, as a High Court decision showed, the threat of bad blood developing can be greatly reduced by making an expertly...

COVID-19 Pandemic Has Brought Employment Status Disputes to a Head

Strains on the labour market caused by the COVID-19 pandemic have resulted in a great many latent disputes concerning employment status coming to a head. That was certainly so in the case of a woman who, despite her lynchpin role in an events and...

Company Fined £150,000 for Failure to Comply With Information Notice

If you are facing a tax inquiry, a lawyer will advise you that there are a wide variety of sensible steps you can take. However, as was underlined by an Upper Tribunal (UT) ruling , repeatedly failing to comply with HM Revenue and Customs (HMRC) requests...

Buying Land? Have You Fully Understood Any Restrictions on its Use?

When buying land it is vital to have a full understanding of any restrictions on the use to which it can be put. In a striking case on point, a couple were caught unawares by one such restriction and had their hopes of constructing an equestrian training...

Lending Money to a Friend, No Matter How Trusted, Carries Serious Risks

No matter how much you respect and trust your friends, lending them money can be fraught with risk and should never be done without first taking professional advice. A case on point concerned a couple who lent £210,000 to a neighbour to help him fund...

Hard Negotiation or Economic Duress? High Court Gives Guidance

Businesspeople who personally guarantee corporate debts may feel they are under such extreme pressure to do so that they have no choice. As a High Court ruling showed, however, only in very rare cases will judges find that such pressure crosses the line...

Forced to Shut Your Commercial Premises During Lockdowns? Read This

Numerous hospitality and other businesses suffered crushing losses when they were denied access to their commercial premises during COVID-19 lockdowns. However, many of them can take comfort from the High Court's ground-breaking ruling that a group of...

Overseas Surrogacy Can Be a Legal Quagmire - Always Seek Expert Advice

Overseas surrogacy arrangements are an effective means of completing families. As a High Court ruling showed , however, they are notoriously replete with legal pitfalls and should never be entered into without first taking professional advice. The case...

Christening a New Business? It's Madness Not to Seek Professional Advice

When christening a new business it is madness not to take professional advice so as to ensure that you are not transgressing anyone else's intellectual property rights. A case on point concerned a modest Chinese takeaway that shared the same name as an...

What are the Tax Implications of Settling an Employment Tribunal Claim?

When paying money to settle Employment Tribunal (ET) proceedings, employers are not infrequently motivated by a desire to make what they perceive as a nuisance go away – but how should such payments be treated for tax purposes? The First-tier Tribunal...
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