Legal News

When an accountant failed to file a client's year-end PAYE return, the first inkling the director of the company involved had of it was many months later – when the company received a telephone call from HM Revenue and Customs (HMRC) debt collectors...
There was more than a little expectation that in July’s Budget Chancellor Osborne would raise the Inheritance Tax threshold from its current £325,000. Well here is the first piece of bad news. It is firmly frozen until April 2021. It...
Every employer has a duty to protect the health, safety and welfare of their employees. To this end, employers have a duty to do whatever is reasonably practicable to ensure that the workplace is safe, and this includes when employees are driving on company...
On Tuesday 21 July Gregg Latchams hosted a small forum for local experts within the water industry. Attendees included Tarn Pure, the world's leading suppliers of copper-silver ionisation systems used to control and treat legionella, e-coli and other...
Many thousands of drivers who have been subject to a parking charge of 100 times or more the normal hourly rate will be displeased to read that a plucky appeal against a massive 'charge' for overstaying in a free car park has failed. The motorist who...
A surprising decision by the Court of Appeal to award a daughter who had been deliberately excluded from her mother's will a substantial settlement from her estate will be unwelcome news to anyone keen to disinherit a family member in similar...
It has never been more attractive to source products from China for distribution within the EU. Exports from China have still increased by almost 5% in the past year, recently giving China a comfortable trade surplus of over $382 billion. Within the EU, the...
Although nitrous oxide, N 2 O, laughing gas or (more commonly) NOS is in the public eye at the moment, concerns over the substance’s negative impact on health go back a long way.  Over 20 years ago an American organisation (National Institute for...
When the tenants of a commercial property held on a 125-year lease allowed their subtenant to use it in breach of planning permission, the owner of the freehold of the premises applied to the court for the head lease to be forfeited on the ground that the...
The Advisory, Conciliation and Arbitration Service (Acas) has published the results of its survey on the first year of its Early Conciliation (EC) scheme. These show that: Acas handled more than 83,000 EC cases between April 2014 and March 2015; ...
Failing to meet the timetable imposed on court proceedings is very unwise, as a property owner has found out to his considerable cost . He was involved in a long-running dispute with a builder over the value of work undertaken by a subcontractor with...
The rules relating to VAT present many pitfalls and specialist advice should always be taken if there is any doubt over the VAT treatment of any significant transaction or series of transactions. In one striking case, the High Court had to come to the aid...
A case in which the outcome of a $30 million dispute hung on the interpretation of a single word proves the point that the drafting of commercial contracts is not for the uninitiated and is better entrusted to legal professionals. An investment bank had...
A kindly builder, who was rewarded with a £470,000 inheritance after befriending a pensioner and mending his leaking gutters for free, can keep the money after a judge dismissed a challenge to the deceased's will brought by his family. The pensioner...
Whilst the Equality Act 2010 requires public sector organisations to consider gender equality within their workplace as part of the Equality Duty and to publish relevant gender equality data, there is currently no requirement for employers in the private...
A contract of employment may be verbal but all employees, whether part-time or full-time, are entitled by law to be given a written statement setting out the main particulars of their employment, provided their employment lasts for one month or more (Section...
Fatal injuries at work are, thankfully, rare, which means that the annual figures are subject to chance variation. However, over the last 20 years there has been a downward trend in the rate of fatal injury, although since 2008/2009 the trend is less clear. ...
Merely making contributions to the family finances has, yet again, been ruled by the Court of Appeal to be insufficient ground to make a declaration that a long-term cohabitee is entitled to a share in the family house. The case arose after a couple, Mr...
Under the EU Denied Boarding Regulations, an aircraft passenger who is denied boarding when they have a valid ticket, or experiences a cancellation or significant delay, may claim compensation, except where the delay or cancellation was caused by...
A judgment that generated a lot of column inches but had little practical effect was decided recently by the General Court of the European Union , when Skype (Skype Ultd) was denied the ability to register its name as a trade mark on the ground of its...

Latest News

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Every employer has a duty to protect the health, safety and welfare of their employees. To this end, employers have a duty to do whatever is reasonably practicable to ensure that the workplace is safe, and this includes when employees are driving on company...
-
On Tuesday 21 July Gregg Latchams hosted a small forum for local experts within the water industry. Attendees included Tarn Pure, the world's leading suppliers of copper-silver ionisation systems used to control and treat legionella, e-coli and other...
-
It has never been more attractive to source products from China for distribution within the EU. Exports from China have still increased by almost 5% in the past year, recently giving China a comfortable trade surplus of over $382 billion. Within the EU, the...
-
Although nitrous oxide, N 2 O, laughing gas or (more commonly) NOS is in the public eye at the moment, concerns over the substance’s negative impact on health go back a long way.  Over 20 years ago an American organisation (National Institute for...
-
When the tenants of a commercial property held on a 125-year lease allowed their subtenant to use it in breach of planning permission, the owner of the freehold of the premises applied to the court for the head lease to be forfeited on the ground that the...
-
The Advisory, Conciliation and Arbitration Service (Acas) has published the results of its survey on the first year of its Early Conciliation (EC) scheme. These show that: Acas handled more than 83,000 EC cases between April 2014 and March 2015; ...
-
The rules relating to VAT present many pitfalls and specialist advice should always be taken if there is any doubt over the VAT treatment of any significant transaction or series of transactions. In one striking case, the High Court had to come to the aid...
-
A case in which the outcome of a $30 million dispute hung on the interpretation of a single word proves the point that the drafting of commercial contracts is not for the uninitiated and is better entrusted to legal professionals. An investment bank had...
-
Whilst the Equality Act 2010 requires public sector organisations to consider gender equality within their workplace as part of the Equality Duty and to publish relevant gender equality data, there is currently no requirement for employers in the private...
-
A contract of employment may be verbal but all employees, whether part-time or full-time, are entitled by law to be given a written statement setting out the main particulars of their employment, provided their employment lasts for one month or more (Section...
-
Fatal injuries at work are, thankfully, rare, which means that the annual figures are subject to chance variation. However, over the last 20 years there has been a downward trend in the rate of fatal injury, although since 2008/2009 the trend is less clear. ...
-
A judgment that generated a lot of column inches but had little practical effect was decided recently by the General Court of the European Union , when Skype (Skype Ultd) was denied the ability to register its name as a trade mark on the ground of its...
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Timing stipulations in commercial contracts can be inflexible and failure to comply with them can be very costly indeed. In a recent case , a building company's failure to submit an interim application for payment on time has resulted in a considerable...
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Dealing with workplace stress can be a difficult issue for employers. It is important to be alert to the signs of stress and to investigate and take appropriate action once you become aware that a problem exists. Failure to do so can result in a claim for...
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An intellectual property decision which surprised some when it was made in 2014 has been reversed by the Court of Appeal . It involved the importer and distributor of a branded pharmaceutical product which had an exclusive licence to use the product's...
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A recent case in the Technology and Construction Court (TCC) gave guidance on the potential liabilities of consultants and contractors when a building project goes wrong and the owner of the building alleges that the consultant has failed to warn them. ...
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The use of limited liability partnerships (LLPs) has become widespread since their introduction in April 2001. An LLP allows its members to have limited liability, which a ‘traditional’ partnership does not: in a traditional partnership, each...
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Whilst people suffering from cancer, multiple sclerosis or HIV are automatically deemed to be disabled for the purposes of the Equality Act 2010 , in the case of other illnesses, whether or not a worker is disabled will depend on whether or not their...
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Businesses that deal with the public are reminded that legislation will come into effect soon to give consumers better protection under the law than they currently have. The Consumer Rights Act 2015 received the Royal Assent on 26 March and becomes law on...
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Changes to planning law that came into effect on 15 April 2015 will make it easier for several types of business to change the use of their premises as the rules that apply to the grant of planning permission for change of use between different use classes...
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With the ever increasing value of inner-city residential property development, more and more developers are converting business premises into des-res apartment buildings.  This situation is compounded by the Government’s drive to increase...
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It is often tempting to press on with things and not worry about details, but a recent case shows how much trouble can be caused when i’s are not dotted and t’s not crossed. The High Court was asked to grant a declaration that Fresh Trading...
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It is commonly thought that for input VAT to be reclaimed from HM Revenue and Customs (HMRC), a valid VAT invoice is an absolute prerequisite. However, HMRC are permitted to accept other evidence and, although this is discretionary, they are obliged by their...
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Recent pension changes have attracted much publicity. However you need to get proper advice before taking out money as it will potentially impact on the tax relief you will gain on future payments in.

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Badly drafted employment conditions can have embarrassing consequences, as a government agency discovered when it was found to have discriminated against disabled workers whose bonuses were docked due to their absence on sick leave ( Land Registry v...