Legal News

When a tenant admitted in discussions with her landlord's lawyers that she had been in arrears with the lease payments on her restaurant, the admissions were used to justify a claim for forfeiture of the lease by her landlord. However, she claimed that the...
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...
It is generally considered that if HM Revenue and Customs (HMRC) raise no enquiries in relation to a tax return in the year following its submission, that is the end of the matter. However, as a recent tax dispute shows, where HMRC make a 'discovery',...
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...
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...
Just because you haven't paid for professional advice doesn't mean that the person who gave it to you is relieved from liability if it was negligently given. A recent case should serve as a warning to anyone with professional skills who offers free advice...
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...
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...
A recent case clearly illustrates the inherent dangers of appointing amateur executors to administer your estate rather than qualified professionals. The executors were dealing with the estate of a deceased man and as part of their duties they filed a tax...
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...
When a marriage breaks up, the court's primary consideration is the welfare of any children, and their views are of great importance when a decision is being made as to which parent they should live with. In law, a child is a person under the age of 18. ...
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...
Anyone who lives in rented accommodation can breathe a sigh of relief after a tenant whose weekend cottage suffered severe flooding damage during a cold snap saw off a £128,000 demand from insurers. The High Court found that the woman was covered by...
The Court of Protection has come to the rescue of an elderly man who wished to have access to his own funds. The man, now aged 87, appointed his son and daughter to be his attorneys under an Enduring Power of Attorney (EPA) executed a few months after his...
HM Revenue and Customs (HMRC) are well known for their robust attitude towards tax avoidance schemes they consider to be questionable and, over the years, have introduced an ever-increasing variety of rules and regulations in combating such schemes and taken...
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...
The Court of Appeal has handed down a decision which should give considerable pause for thought to anyone who is tempted to use a 'law shop' or similar provider rather than a qualified and experienced firm of solicitors to handle their affairs. The case...
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...
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...
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...

Latest News

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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...
-
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...
-
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...
-
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...
-
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...
-
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...
-
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...
-
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...
-
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...
-
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...
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Under Article 6 of the European Convention on Human Rights (ECHR), everyone has the right to a fair trial and one of the elements of this concept, referred to as 'the principle of equality of arms', is that each party should have the right to present their...
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In the area of intellectual property (IP) law, the small firm has every chance of defeating the megacorporation, especially as regards ownership of domain names. In one case , which underlined the potential costs of failing to register Internet domain...
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It is normal for contracts to contain clauses which specify that variations in the contract must be made in writing. The nature of business is such that contract variations are relatively commonplace and this can cause difficulty if the paperwork fails to...
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The review of how retention arrangements work in the construction industry, recently announced by the Department for Business, Innovation and Skills, will be welcomed by all parties to such agreements. Retentions are often a problematic issue in building...
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In May 2015, the Government acted to ban exclusivity clauses in zero hours contracts by way of the first commencement order made under the Small Business, Enterprise and Employment Act 2015 . Specifically, Section 153 of the Act inserted a new Section 27A...
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Research and Development Tax Relief Update HM Revenue and Customs (HMRC) have updated their guidance on claiming research and development (R&D) relief to include information about 'advance assurance', which has been available since November 2015 to...
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Failure is ok…initially. Don’t discard the boring stuff. Be brand aware. Success is not overnight. These and several other nuggets of wisdom were imparted at our first networking event of our Gregg Latchams Business Network programme. Over...
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The employee of a car rental company who sold personal information relating to 28,000 customers has suffered fines and costs totalling more than £2,800 after pleading guilty to an offence under Section 55 of the Data Protection Act 1998 . Although...
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A case concerning a maritime collision at the entrance to a Black Sea port serves as a warning to all that litigation deadlines are strictly enforced and that failing to meet them – even by a matter of hours – can have disastrous consequences. ...
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An article about the implications and entitlements of being a commercial agent under the Commercial Agents (Council Directive) Regulations 1993 and when a right to compensation or indemnity arises.

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A cunning attempt to invoke a limitation clause in a contract failed recently in court . The case involved a building contract for cladding that was fitted to a leasehold building. The leaseholder had engaged a building firm to do the work. The contract...
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In recent years, the settlement of disputes of various kinds by voluntary dispute resolution has grown considerably in the UK. That is certainly so in employment cases where, since May 2014, it has been a requirement under the Employment Tribunals Act 1996...
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The recent case of the daring duo who scanned the bust of Nefertiti whilst on display at the Berlin Neues Museum and then made available for free download a 3D copy that can be printed by anyone with a 3D printer, has left lawyers wondering whether any...