Legal News

The new regime that will apply to pensions from April 2015 was the chief surprise in this year's Budget. Under the old tax rules applying to pensions, an individual had to decide within six months of taking the tax-free lump sum whether to take an annuity...
Separated couples should fix their eyes firmly on the future when signing divorce agreements, as was demonstrated in a recent case in which a former soldier, whose ex-wife had 'spent her share' after their split, fought off her bid for a slice of his...
One of the less well reported changes contained in the Intellectual Property Act 2014 is that the commercial exploitation of a registered design without the design owner’s permission will become a criminal offence, with a maximum term of five...
Businesses that suffered consequential losses in the London riots in 2011 (and their insurers) will welcome the Court of Appeal's decision that where loss is due to riot, the amount of compensation that can be claimed under the Riot (Damages) Act 1886 ...
From 30 June 2014, all employees have the right to ask their employer for a change to their contractual terms and conditions of employment so that they can work flexibly, provided they have worked for their employer for 26 weeks continuously by the date on...
It is a regrettable truth that even close family members cannot always be trusted to do the right thing, as illustrated by a case dealing with a wayward son who was appointed as attorney over his elderly mother's financial affairs. Unfortunately, he used...
The Government's decision to abolish, with effect from 6 April 2014, the statutory sick pay (SSP) percentage threshold scheme, whereby employers could, in certain circumstances, reclaim SSP paid to employees absent through ill health, will have a particular...
A report by the Global Entrepreneurship Monitor (GEM) has found that more people than ever before are starting a business beyond the age of 50. The UK Global Entrepreneurship Monitor Report measures entrepreneurial activity, attitudes and aspirations...
In a decision which represents a landmark victory for private landowners – and a serious blow to open countryside campaigners – the High Court has ruled that 19th Century officials who purported to create public rights of way under an 1801 Act...
Despite the fact that UK SMEs are owed billions in late payments, new research from Satago has found that 32% of small businesses are reluctant to chase bad debt. Four in five (81%) of these firms are reluctant to chase debtors because they find the...
Under the old law relating to cartels, it was necessary to prove dishonest intent in order to obtain a criminal conviction when companies engaged in price fixing, market manipulation, bid rigging and so on. The civil law provides that breaches of competition...
If you supply electronic products (telecommunications, broadcasting and e-services) to non-business customers through online sales, you should start thinking about how you will comply with the new VAT 'place of supply' rules that will come into force on 1...
The Court of Appeal has handed down judgments in two cases which clarify the rights of passengers whose flights are delayed. The first case concerned a Jet2.com flight from Malaga to Manchester which was scheduled to depart at 18:25 on 26 October 2011....
A 61-year-old local authority employee, who received a lower redundancy payment than younger workers with the same length of service because she was over the state pension age that applied at the time, has succeeded in her age discrimination claim ( Heron v...
Child custody battles involving an international element are becoming increasingly frequent as the world becomes more and more a global village. When relationships between people of different nationalities break down, it must then be determined with which...
The Low Pay Commission (LPC) is seeking views from interested parties in order to report on its remit from the Government with regard to the National Minimum Wage (NMW) rates that should apply from October 2015. The LPC has been requested to: monitor,...
When a Spanish resident made his will, having arranged his affairs so as to avoid the compulsory inheritance laws that apply in Spain, he intended that his estate – worth nearly £400,000 – should go to the British National Party (BNP). ...
A photographer who had taken a picture of pop stars Ke$Ha and LMFAO has received a settlement of £20,000 after the Patents Court ruled that his copyright had been infringed . When he discovered that the picture was being used in promotional material...
Yet another attempt by HM Revenue and Customs (HMRC) to persuade the court that a gift of a property from parent to child should be a 'gift with reservation of benefit' has failed. Where any asset is gifted from a person (the donor) to another (the...
Leaseholders who wanted to take over management of their own flats had their hopes dashed after the Upper Tribunal (UT) ruled that misidentification of the landlord on a crucial document was an error which could not be cured. A company set up with a view...

Latest News

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One of the less well reported changes contained in the Intellectual Property Act 2014 is that the commercial exploitation of a registered design without the design owner’s permission will become a criminal offence, with a maximum term of five...
-
Businesses that suffered consequential losses in the London riots in 2011 (and their insurers) will welcome the Court of Appeal's decision that where loss is due to riot, the amount of compensation that can be claimed under the Riot (Damages) Act 1886 ...
-
From 30 June 2014, all employees have the right to ask their employer for a change to their contractual terms and conditions of employment so that they can work flexibly, provided they have worked for their employer for 26 weeks continuously by the date on...
-
The Government's decision to abolish, with effect from 6 April 2014, the statutory sick pay (SSP) percentage threshold scheme, whereby employers could, in certain circumstances, reclaim SSP paid to employees absent through ill health, will have a particular...
-
A report by the Global Entrepreneurship Monitor (GEM) has found that more people than ever before are starting a business beyond the age of 50. The UK Global Entrepreneurship Monitor Report measures entrepreneurial activity, attitudes and aspirations...
-
Despite the fact that UK SMEs are owed billions in late payments, new research from Satago has found that 32% of small businesses are reluctant to chase bad debt. Four in five (81%) of these firms are reluctant to chase debtors because they find the...
-
Under the old law relating to cartels, it was necessary to prove dishonest intent in order to obtain a criminal conviction when companies engaged in price fixing, market manipulation, bid rigging and so on. The civil law provides that breaches of competition...
-
If you supply electronic products (telecommunications, broadcasting and e-services) to non-business customers through online sales, you should start thinking about how you will comply with the new VAT 'place of supply' rules that will come into force on 1...
-
A 61-year-old local authority employee, who received a lower redundancy payment than younger workers with the same length of service because she was over the state pension age that applied at the time, has succeeded in her age discrimination claim ( Heron v...
-
The Low Pay Commission (LPC) is seeking views from interested parties in order to report on its remit from the Government with regard to the National Minimum Wage (NMW) rates that should apply from October 2015. The LPC has been requested to: monitor,...
-
A photographer who had taken a picture of pop stars Ke$Ha and LMFAO has received a settlement of £20,000 after the Patents Court ruled that his copyright had been infringed . When he discovered that the picture was being used in promotional material...
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Leaseholders who wanted to take over management of their own flats had their hopes dashed after the Upper Tribunal (UT) ruled that misidentification of the landlord on a crucial document was an error which could not be cured. A company set up with a view...
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A lack of candour in contractual negotiations can lead to grave financial consequences, as was shown when an event management company that lost its only customer four months after signing a new five-year deal won the right to substantial damages. Company A...
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From 30 June 2014, all employees have the right to ask their employer for a change to their contractual terms and conditions of employment so that they can work flexibly, provided they have worked for their employer for 26 weeks continuously by the date on...
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Under Section 4A of the Disability Discrimination Act 1995 (DDA), employers had a duty to make reasonable adjustments if a provision, criterion or practice (PCP) placed a disabled worker at a substantial disadvantage compared with persons without a...
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The Small Business, Enterprise and Employment Bill, which was introduced to Parliament on 25 June 2014, contains several measures aimed at reducing barriers to business innovation and growth. The Bill is wide ranging. Employment measures include: ...
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It is commonly, but erroneously, thought that if content is on the Internet it is free to copy. However, this is not the case as copyright belongs to the creator of the content as soon as it is created. Unlike a trade mark or a patent, copyright does not...
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Often, it takes a dispute over something that is worth a lot of money to produce a judgment that clarifies the law. A recent case , involving a disagreement over a lease that required the tenant to build and maintain a steel-making plant and rolling mill,...
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Another tax case has shown how difficult it can be for landlords to justify a claim that their income is trading income for the purposes of claiming Business Property Relief (BPR) from Inheritance Tax (IHT). Where such a claim is successful, the taxable...
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The dangers of leaving the details of negotiations to those interested in the 'big picture' have been clearly illustrated by a Court of Appeal decision which has left North East ratepayers severely out of pocket ( Newcastle International Airport Limited v...
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Suppliers of goods to the public should be aware that the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 came into effect on 13 June 2014. The Regulations stipulate information that must be given to a consumer where...
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Normally, when a building dispute arises that leads to an adjudicator making an award in favour of one party, the award is simply paid and that is that. However, sometimes things are more complicated. Recently, a company went to the High Court arguing...
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The average British office worker will consume 34,560 hot drinks, read more than a million emails and visit the loo 33,000 times during their career, according to a new survey by LondonOffices.com. The study of working behaviour found that over the...
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If you run a business, then chasing payment will be familiar territory. But what can you do if a customer won’t pay at all?

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Mixing business and personal relationships can produce additional complications if a break-up occurs, as evidenced by the stalemate reached by a warring former couple who are at loggerheads over the future of their deadlocked business and its intellectual...