Latest Legal News

Latest News

New arrivals of Phil Hughes and Gillian Marshall bolster the already thriving Litigation Team at Christopher Davidson Solicitors LLP

Despite the recent uncertain times which we have experienced, we are very pleased that Christopher Davidson Solicitors are expanding as a firm by announcing the arrival of two appointments within our busy Civil Litigation Department. Phil Hughes who is a...

Divorce - Home-Maker Wife Compensated for Sacrificing Her Career

Despite the drive towards achieving economic equality between the sexes, it remains common for women to give up their promising careers to support their husbands and devote themselves to child rearing and home-making. An important High Court ruling ...

Worker or Independent Contractor? European Court of Justice Guidance

The vexed distinction between 'workers' and 'independent contractors' could hardly be more important for many businesses but remains perennially controversial. An important ruling of the Court of Justice of the European Union (CJEU) is likely, however, to...

High-Profile Homeowners Can Divert Footpath Away From Their Garden

Ramblers love footpaths, but the same cannot be said for landowners concerned to protect their privacy and security. That was certainly so in one case in which homeowners with a high media profile won the right to divert a footpath which crossed their...

'Pay Now, Argue Later' - High Court Enforces Contract Adjudicator's Award

Contract adjudicators' awards, even if disputed, must generally be satisfied straight away. That principle – often referred to as 'pay now, argue later' – was applied by the High Court in ordering an immediate six-figure payment to a small...

Part-Time Football Referees Are Self-Employed, Tax Tribunal Rules

Part-time referees who officiate at professional football matches on a game-by-game basis are not employees. Confirming their self-employed status in a guideline case, the Upper Tribunal (UT) noted that they are so motivated to work that there is no need to...

High Court Acts to Rescue Company After Sole Shareholder's Death

If you are an entrepreneur and own your own company, that is all the more reason why you should take professional advice regarding the consequences that might arise on your death. In an unusual High Court case on point , a farm contracting business was left...

Court Permits Wife Who Unlawfully Killed Her Husband to Inherit His Assets

Few would quarrel with the long-standing rule of law that anyone who unlawfully kills another is barred from benefiting, financially or otherwise, from his or her crime. In a unique decision, however, the High Court waived that rule in the case of an...

Flat Tenant Can Veto Potentially Destructive Works - Supreme Court Ruling

The freeholds of a great many blocks of flats are held by tenant-owned companies which operate on democratic principles. Such arrangements are, however, not a panacea and disagreements can arise. A guideline Supreme Court decision will, however, make it...

Children's Wishes and Feelings Prevail in Bitter Paternity Dispute

In the throes of family breakdown, parents often focus on their own personal battles – but it is the best interests of their children that are always uppermost in family judges' minds. In a case on point, the wishes and feelings of two teenagers ...

Harvey Weinstein Case Exposes Wrinkle in Employment Tribunal Rules

Sexual harassment proceedings against disgraced film producer Harvey Weinstein gave rise to a thorny jurisdictional issue that threatened to undermine the power of Employment Tribunals (ETs) to make evidence disclosure orders against those who are not...

Trusts Are Handy But Can Be Hazardous - Always Take Advice

Trusts can be an invaluable means of providing for vulnerable loved ones, but they need careful handling by a professional if they are not to have serious unforeseen consequences. In a case on point, the High Court came to the aid of a retired GP whose...

International Airline Fined £500,000 for Negligent Data Breach

Businesses that handle personal data but fail to take appropriate steps to guard against cyber attacks expose themselves to grave financial and reputational damage. That was certainly so in the case of an international airline whose flawed systems...

SDLT Relief Takes Immediate Effect in England and Northern Ireland

A temporary Stamp Duty Land Tax (SDLT) relief measure has taken immediate effect in England and Northern Ireland after being announced by Chancellor Rishi Sunak in his summer economic statement. The measure has been introduced by the Government to try and...

Warehouse Torched By Rioters - Owner of Destroyed Stock Wins £5 Million

Civil unrest is thankfully rare in Britain, but it does occur and anyone who suffers loss as a result should contact a solicitor without delay. In a case on point, a company that lost stock worth millions in a blazing warehouse at the height of the August...

Parking Fine Imposed on Private Landowner Triggers High Court Test Case

A fine imposed on a householder for parking her Land Rover on her own land put the conflict between private ownership and public access to the road network in high relief and provided the subject matter for an important High Court test case . For many...

Liquidators Succeed in Pursuit of Retail Chain's 'Disappeared' Assets

Any civilised system of civil justice affords those who are accused of wrongdoing a fair opportunity to defend themselves in court. However, as a High Court ruling in a corporate insolvency case showed, disobeying judicial orders can place even that...

High Court Annuls Overseas Marriage After Ruling 'Wife' a Bigamist

In order to be divorced you obviously have to be validly married, and bigamy remains a surprisingly common occurrence. In one case, the High Court found that a couple's overseas wedding did not render them husband and wife – because she was already...

Disinherited Daughter's Bid for a Share of Her Father's Estate Rejected

If someone upon whom you depend financially dies leaving you nothing in his or her will, judges have the power to ensure that you do not go empty-handed. As a High Court case showed, however, that power will only be exercised in your favour if your need for...

Fixed-Term Employment Contracts Mean What They Say

Fixed-term employment contracts mean what they say and expire at the end of their terms without the need for any notice of termination. The Court of Appeal so ruled in a case which clarified the interrelationship between fixed-term contracts and public...

COVID-19 Crisis - Judge Rules Derogation From Human Rights 'Essential'

The COVID-19 pandemic represents a public emergency which is threatening the life of the nation. A High Court judge wrote those words in reaching the momentous conclusion that, whilst the crisis persists, derogation from certain fundamental human rights is...

Continued Controversy Over Delayed IR35 Tax Reforms

The House of Lords has produced a damning report into the intended changes to the IR35 off-payroll working rules. In response to the coronavirus pandemic, the reforms have been delayed by the government, which says the move is a 'deferral and not a...

Are Parents Obliged to Control Unruly Children? High Court Test Case

To say that parents bear a moral responsibility to ensure that their children behave themselves in public is uncontroversial – but are they also under a legal duty to do so? The High Court addressed that issue in ruling that the sins of an allegedly...

Infrastructure Projects and Access to Private Land - High Court Test Case

Public authorities engaged in nationally significant infrastructure projects have the power to enter private land to carry out necessary surveys. An important High Court ruling in the context of the proposed construction of a road tunnel near Stonehenge...

Neighbours Succeed in Blocking Controversial Garage Extension

If a neighbour obtains planning permission for a building project to which you object, that does not always mean you just have to grin and bear it. In a case on point, objectors to a householder's plans to extend his garage succeeded in blocking his proposal...
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