Legal News

The much publicised case in which the Court of Protection ruled that clinically assisted nutrition and hydration (CANH) could lawfully be withdrawn from a patient with multiple sclerosis who was in a 'minimally conscious state' has been hailed as a...
In a move that sends out a clear message to other companies that the customer data they hold is not theirs to do with as they wish, the Information Commissioner's Office (ICO) recently fined a Leeds-based online pharmacy company £130,000 under the ...
When a child is taken away from one parent by the other against a ruling of the Family Court, the consequences can be severe for anyone who withholds information as to the child's whereabouts, as a recent case illustrates . Following the break-up of his...
In Greenfield v The Care Bureau Limited , the Employment Tribunal (ET) requested a preliminary ruling from the Court of Justice of the European Union (CJEU) on the following points: In circumstances where an employee increases the hours they work,...
Words are the very stuff of law. Whilst in most instances the legal meaning of a word is the same as its meaning in everyday use (and the courts generally use the everyday meaning of a word when a variety of interpretations are possible), this is not always...
When a company ceases to exist and is struck off the register of companies at Companies House, any assets it owns become the property of the Crown. The Crown has the ability to disclaim the property if it chooses. Recently, the High Court had to consider ...
In a bid to preserve the attractiveness of arbitration in the wake of the faster and less expensive procedures for dealing with disputes by litigation announced recently, the Royal Institution of Chartered Surveyors has announced a 'fast-track' arbitration...
Arguments over property ownership are very common, despite being easily avoidable provided the correct legal paperwork is put in place. A recent case dealt with the ownership of a property after an unmarried couple broke up. At no point had they created...
In an unfair dismissal claim, the task of the Employment Tribunal (ET) is to find why and how the employer took the decision to dismiss and to review whether or not it was reasonable to take the decision for those reasons and in that way. The ET is not...
For a property to qualify for private residence relief from Capital Gains Tax (CGT), it must in fact have been the taxpayer's residence. HM Revenue and Customs (HMRC) are well known for contesting claims that the private residence exemption applies to a...
It is well known that when a business passes from one VAT-registered trader to another who continues it, the transfer will normally be a 'transfer of a going concern' (TOGC) and no VAT is payable on the sale. The treatment also applies where the purchaser...

Arbitration has not always enjoyed a reputation for being the cheapest way of resolving commercial disputes. However, the recent extortionate rise in court fees has meant that arbitration is beginning to look attractive once more. An article summarising the position.

Solicitors have to have comprehensive professional indemnity insurance and are regulated by the Solicitors Regulation Authority, so you can be sure that, if anything should go wrong, you will be properly covered. When a solicitor assists in a purchase,...
A recent case shows clearly, yet again, how important it is not to rely on oral promises. When a woman gave substantial sums to the man she was in a relationship with, she claimed she had done so because he had repeatedly promised that he would leave his...
The Internet is a not a free source of material, as a home improvements company found recently to its cost . When the company used photographs which belonged to another company on its website, it was sued by the firm whose images had been used. Although...
It is a fundamental principle of family law that the courts will always put the welfare of a child first in making any decision about where the child should live. However, it is also an established legal principle that when a lower court makes a judgment on...
There have been dozens of cases involving equity release and similar arrangements that have gone wrong. However, there are not many circumstances in which the courts will overturn an agreement between people where this was made with the benefit of...
It is now quite well known that the public broadcast of music which is still under copyright requires a licence, but not many people appreciate that ignoring that requirement can lead to a jail sentence. A Newport nightclub owner who failed to obtain a...
When a problem arises in the workplace that cannot be resolved informally or quickly, it is important that the matter is dealt with fairly and in accordance with the employer's disciplinary and grievance procedures where appropriate. Essential to this is...
'Legal advice privilege' is the legal phrase for the confidentiality that exists with regard to legal advice and has traditionally been interpreted to mean that legal advice between a solicitor and their client cannot be required to be disclosed for any...

Latest News

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In a move that sends out a clear message to other companies that the customer data they hold is not theirs to do with as they wish, the Information Commissioner's Office (ICO) recently fined a Leeds-based online pharmacy company £130,000 under the ...
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In Greenfield v The Care Bureau Limited , the Employment Tribunal (ET) requested a preliminary ruling from the Court of Justice of the European Union (CJEU) on the following points: In circumstances where an employee increases the hours they work,...
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When a company ceases to exist and is struck off the register of companies at Companies House, any assets it owns become the property of the Crown. The Crown has the ability to disclaim the property if it chooses. Recently, the High Court had to consider ...
-
In a bid to preserve the attractiveness of arbitration in the wake of the faster and less expensive procedures for dealing with disputes by litigation announced recently, the Royal Institution of Chartered Surveyors has announced a 'fast-track' arbitration...
-
In an unfair dismissal claim, the task of the Employment Tribunal (ET) is to find why and how the employer took the decision to dismiss and to review whether or not it was reasonable to take the decision for those reasons and in that way. The ET is not...
-
It is well known that when a business passes from one VAT-registered trader to another who continues it, the transfer will normally be a 'transfer of a going concern' (TOGC) and no VAT is payable on the sale. The treatment also applies where the purchaser...
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Arbitration has not always enjoyed a reputation for being the cheapest way of resolving commercial disputes. However, the recent extortionate rise in court fees has meant that arbitration is beginning to look attractive once more. An article summarising the position.

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The Internet is a not a free source of material, as a home improvements company found recently to its cost . When the company used photographs which belonged to another company on its website, it was sued by the firm whose images had been used. Although...
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It is now quite well known that the public broadcast of music which is still under copyright requires a licence, but not many people appreciate that ignoring that requirement can lead to a jail sentence. A Newport nightclub owner who failed to obtain a...
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When a problem arises in the workplace that cannot be resolved informally or quickly, it is important that the matter is dealt with fairly and in accordance with the employer's disciplinary and grievance procedures where appropriate. Essential to this is...
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Contracts which are not in writing, although legally valid, are very often the subject matter of disputes, because the parties' recollections of what was agreed to can often differ dramatically. Incentive payments and commissions are another recurring focus...
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Tax changes scheduled to come into effect in April 2016 could prove very expensive for the operators of personal service companies, and consideration to changing the nature of the business entity may be warranted. The changes will disallow travelling and...
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An employee who is mistreated by their employer has every right to complain. However, an employee who digs in their heels may pay a high price for their actions, as was illustrated by a case concerning a disabled man who simply downed tools and refused to...
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Personality clashes can obviously cause difficulties in business, but they are rarely serious enough to justify cancelling commercial contracts. In one striking case, a television channel was ordered to pay substantial damages to a production company after...
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Things seldom run smoothly in property developments, and where the intention is to offer sales off plan, it is important to ensure that the contract offered to purchasers is sufficiently flexible to take account of contingencies – especially as regards...
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HM Revenue and Customs (HMRC) are renowned for taking an overly tough stance when it suits them, as illustrated by a recent case in which 'special relief' against tax bills was refused to a taxpayer. 'Special relief' can be given where it is...
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Whether or not a worker who is on call at their employer's premises but who is allowed to sleep when his or her services are not required is entitled to be paid the National Minimum Wage (NMW) for the entirety of their shift is a particularly fact-sensitive...
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Company directors inevitably make errors of commercial judgment now and again, but these rarely amount to a breach of the legal duties which they owe to shareholders, which occurs when decisions are made that are wholly unreasonable. A Court of Appeal case ...
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Since 1 October 2015, under changes introduced by the Consumer Rights Act  2015 , it has been compulsory for most businesses to offer Alternative Dispute Resolution (ADR) to their customers if a complaint arises between them which cannot be settled by...
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A company which thought it could save money by dispensing with specialist advice before embarking on a complex dispute with a demolition contractor paid a heavy price when an adjudicator ordered it to pay more than £100,000. The company refused to pay...
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A call-centre worker who was dismissed for gross misconduct after she was absent from work when her baby daughter was in hospital has won her claims of sex discrimination and unfair dismissal ( Van Heeswyk v One Call Insurance Services Limited ). Annie Van...
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There are considerable tax reliefs available for investors in start-up companies, and among the more popular is Enterprise Investment Scheme (EIS) relief. EIS gives Capital Gains Tax (CGT) relief when an investment in shares in a qualifying company is made...
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An article detailing the Gregg Latchams Dispute Resolution Team fixed fee services for small claims disputes under £10,000.

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Christmas parties are a great opportunity for staff to relax and socialise together ahead of the festive season, as well as a chance to show you appreciate their hard work over the year. As it is a work event, however, employers do need to be mindful of the...
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Decisions of arbitrators are ultimately backed by the authority of the High Court and those who fail to abide by their awards can face heavy financial penalties and even loss of liberty. In one case , directors of a grain trading company were sentenced to...