Legal News

The Low Pay Commission (LPC) is seeking views on the National Minimum Wage (NMW) and National Living Wage (NLW) rates that should apply from April 2017. Whereas the NMW rates have traditionally been set on the basis of 'helping as many low-paid workers as...
The Psychoactive Substances Act 2016 , which received Royal Assent on 28 January 2016, came into force on 26 May 2016. The Act makes it an offence to produce, supply, offer to supply, import or export any psychoactive substance if it is likely to be...
Selling the shares in a business you own and run attracts very favourable tax treatment in the UK and one of the most beneficial reliefs is Entrepreneurs' Relief (ER), which for most small businesses limits the Capital Gains Tax payable by the...
Deciding on a business name and URL for a website can be one of the most important steps a business takes – but it is essential to take professional advice to ensure that you do not step on others' toes in doing so. In one case, a car manufacturer came...

An article on commonly litigated clauses in contracts

In a case which underlines the high standards expected of employers when investigating alleged misconduct, a mental health nurse who was accused of assaulting a patient and sacked from his post has succeeded in his claim of unfair dismissal ( Pennine Care...
A recent Court of Appeal case shows how important it is to carry out procedures properly in order for a person who clearly has impaired mental capacity to create a will that can withstand legal challenge. It involved a will created in 2005 by an...
In an important decision for property professionals , the High Court has ruled that, when considering the nature of a single unit of accommodation, a simple application of the 'bricks and mortar' test is too narrow and that the use to which rooms are...
The Community Infrastructure Levy (CIL) was introduced as a means of raising cash from developers to fund public projects. However, it is not always welcome to those who have to pay it and, in one High Court case, a shopping centre owner succeeded in...
Officialdom is a necessary, if occasionally irritating, fact of life, but one case has shown that an overzealous application of the rules can be beaten with tenacity and good legal advice. It involved an award-winning flower dealer, which had almost 1,500...
The voices of children will always be heard by family judges in care proceedings, but they are not always decisive and can be outweighed by other factors. In one case, a boy's vociferous wish to live in England with his mother was overruled by a judge who...
HM Revenue and Customs (HMRC) know that 'cash trades' are often susceptible to a suppression of takings and regularly target cash traders for tax enquiries. Where HMRC's suspicions are confirmed and the evasion of tax is significant, a criminal prosecution...
Financial products which offer to release capital tied up in people's homes can be extremely complex and such arrangements should only ever be entered into after receiving specialist advice. In one case which strikingly makes this point , two elderly ladies...
The owners of two emblematic brands have lost their claims to Intellectual Property (IP) protection lately, in cases which highlight the need to exercise careful thought in the formulation of trade mark applications. The first is the well-known London black...
Parents often let their children live in properties they own on an informal basis. However, one Court of Appeal case stands as a stern warning that the absence of a tenancy agreement can make them liable for any misbehaviour by their offspring. A mother...
The Upper Tribunal (UT) has ruled that a compensation payment for injury to feelings made on the termination of employment is subject to tax under Section 401 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA) ( Moorthy v The Commissioners for HM...
In a case which underlines the reasons why you should always get a solicitor to help you make your will, the opinion of an experienced lawyer as to the mental capacity of an elderly dementia sufferer who sought his advice was the decisive factor in...
Divorces are very seldom totally amicable, but letting squabbles over the terms under which a marriage is dissolved run on and on can be ruinous, as a recent case shows. It involved a once successful businessman who was said to have been left with less than...
Contracts have to be reasonable to be enforceable, and that is one good reason why professional drafting is essential. In a case which clearly illustrates that point, the High Court has ruled that a clause which required notification of defects in building...
Following a call for evidence last autumn on the operation of tips, gratuities, cover and service charges, the Government has published a consultation paper reflecting the evidence it received from consumer, worker and employer groups, and setting out its...

Latest News

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The Low Pay Commission (LPC) is seeking views on the National Minimum Wage (NMW) and National Living Wage (NLW) rates that should apply from April 2017. Whereas the NMW rates have traditionally been set on the basis of 'helping as many low-paid workers as...
-
The Psychoactive Substances Act 2016 , which received Royal Assent on 28 January 2016, came into force on 26 May 2016. The Act makes it an offence to produce, supply, offer to supply, import or export any psychoactive substance if it is likely to be...
-
Deciding on a business name and URL for a website can be one of the most important steps a business takes – but it is essential to take professional advice to ensure that you do not step on others' toes in doing so. In one case, a car manufacturer came...
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An article on commonly litigated clauses in contracts

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In a case which underlines the high standards expected of employers when investigating alleged misconduct, a mental health nurse who was accused of assaulting a patient and sacked from his post has succeeded in his claim of unfair dismissal ( Pennine Care...
-
The Community Infrastructure Levy (CIL) was introduced as a means of raising cash from developers to fund public projects. However, it is not always welcome to those who have to pay it and, in one High Court case, a shopping centre owner succeeded in...
-
Officialdom is a necessary, if occasionally irritating, fact of life, but one case has shown that an overzealous application of the rules can be beaten with tenacity and good legal advice. It involved an award-winning flower dealer, which had almost 1,500...
-
HM Revenue and Customs (HMRC) know that 'cash trades' are often susceptible to a suppression of takings and regularly target cash traders for tax enquiries. Where HMRC's suspicions are confirmed and the evasion of tax is significant, a criminal prosecution...
-
The owners of two emblematic brands have lost their claims to Intellectual Property (IP) protection lately, in cases which highlight the need to exercise careful thought in the formulation of trade mark applications. The first is the well-known London black...
-
The Upper Tribunal (UT) has ruled that a compensation payment for injury to feelings made on the termination of employment is subject to tax under Section 401 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA) ( Moorthy v The Commissioners for HM...
-
Contracts have to be reasonable to be enforceable, and that is one good reason why professional drafting is essential. In a case which clearly illustrates that point, the High Court has ruled that a clause which required notification of defects in building...
-
Following a call for evidence last autumn on the operation of tips, gratuities, cover and service charges, the Government has published a consultation paper reflecting the evidence it received from consumer, worker and employer groups, and setting out its...
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Everyone knows that the corporate veil has the advantage of shielding directors from personal liability. However, far fewer people are aware of its downsides. In one case which illustrates this point , a businessman who dealt with a bank entirely through...
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There is a common but incorrect belief that where a taxpayer incurs a trading loss, that can always be set against their other income to reduce the Income Tax they would otherwise pay. The ability to set off losses against profits is the norm and there are...
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Off-the-cuff and ill-considered remarks about work colleagues can have serious consequences for their careers. In one case which strikingly made the point that you should be careful what you say, a hospital consultant's brief telephone conversation became...
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Intellectual property (IP) rights are fiercely protected by the courts, and the consequences of breaching them can be severe indeed. In one case, a company which profited from infringing a patent in respect of a novel type of calliper used in racing car disc...
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Adjudication and arbitration are methods often used in the construction industry in the hope that they will achieve speedier and less costly dispute resolution than the use of litigation. However, this is not always the case and adjudicators are used to...
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Business relationships sometimes end badly, but the duties that partners owe to look after each other's interests continue until formal dissolution. In one case, two couples who set up a private car hire and chauffeur business lost sight of that principle as...
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The Chartered Institute of Taxation (CIOT) has warned taxpayers that HM Revenue and Customs (HMRC) have now published the responses to their consultation on proposed extensions to their data-gathering powers, which target 'digital platforms'. HMRC have...
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In a complex case ( Mustafa and Another v Trek Highways Services Limited and Others ), the Employment Appeal Tribunal (EAT) has ruled that the Employment Tribunal (ET) erred in law in finding that a temporary cessation of work activities by a subcontractor...
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After 1 February 2016, landlords entering into residential leases, having new lodgers or allowing anyone to occupy a property they own for residential purposes are required to undertake checks to ensure the tenant and any other adults who will be living...
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In a ruling which should be required reading for those who deal with public authorities, a company which claims that it was unjustly denied a nuclear plant decommissioning contract, following a flawed tendering process, had its hopes of receiving up to...
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Changes to employment law and practice are normally implemented in either April or October each year in order to make life easier for employers, who must ensure that their policies and procedures are updated accordingly. The main employment law changes...
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Owners of companies who are thinking of retiring and unlocking the surplus assets in their companies through liquidation should start their planning now. The Chancellor has advised that the Finance Bill 2016 will contain provisions which will, in many...