Legal News

When a loss is caused to one party by another, the party suffering the loss will often seek redress (damages) from the person or organisation that caused it. The process is relatively straightforward when one person or organisation is responsible for the...
Dangerous dogs can ruin lives, and victims of canine attacks will be relieved to hear of an important tribunal decision which opens the way for many of those injured to seek compensation from the Criminal Injuries Compensation Authority (CICA). A cyclist...
When Employment Tribunal (ET) fees were introduced in July 2013, the public service trade union Unison was quick to challenge the lawfulness of the new regime on the basis that it would make it 'virtually impossible, or excessively difficult' for many people...
According to figures collated by NFU Mutual, smaller farming businesses, whose workers invariably carry out a wide variety of tasks, often in poor weather conditions, are still prone to significant personal injury claims as a result of accidents involving...
Everyone knows that the end of a marriage can be bitter, but few divorces can be more so than one in which a businessman has started legal proceedings against his ex-wife, claiming £150,000 in libel damages after she bad-mouthed him on Facebook. The...
A high net worth pensioner, who was reluctant to give up control of his fortune and laid down intricate conditions before signing a lasting power of attorney (LPA), has struck a blow for the right of everyone to choose how their assets should be dealt with...
When undertaking tax enquiries, HM Revenue and Customs (HMRC) are well known for embarking on 'fishing expeditions' for information. In a recent case, a company which was under enquiry for a relatively minor matter (possible underdeclaration of car and fuel...
Running an airline profitably is critically dependent on keeping planes in the air as much of the time as possible, so when an airline enters into a contract relating to its fleet, 'on-time' delivery is very important. Also key is the need to provide a...
When undertaking tax enquiries, HM Revenue and Customs (HMRC) are well known for embarking on 'fishing expeditions' for information. In a recent case, a company which was under enquiry for a relatively minor matter (possible underdeclaration of car and fuel...
The Government has announced that it is to carry out a wide-ranging review of the Employment Tribunal (ET) fees system to determine whether its original objectives have been met. It will then make recommendations for any changes to the structure and level...
The law of intellectual property is seldom simple or without surprises. In 2014, the High Court decided that the 'corrugated' shape of the Kit Kat chocolate bar, whilst unremarkable in itself, had acquired a 'distinctive character' by way of use over time...
City dwellers who are disturbed by 'party venues' sprouting up around them can take comfort from a guideline High Court decision which reinforced the powers of local authorities to quell noise nuisance and late night drinking. A restaurateur had turned...
Adjudicators' powers to resolve contract disputes are frequently challenged by those who are unhappy with their decisions. However, in a guideline case, the High Court has thrown out one attack on an adjudicator's jurisdiction as 'misconceived'. A retail...
Changes to the Insolvency Act 1986 that are being introduced on 1 October 2015 will mean that a person will no longer be able to be made bankrupt if they fail to pay a judgment debt of as little as £750 (a sum which has remained the same for 19...
In Way v Spectrum Property Care Limited , the Court of Appeal has ruled that final warnings given in bad faith cannot be relied upon when assessing whether or not there was sufficient reason for dismissing an employee. Mr Way worked for property service...
You might think that the courts will always seek to see that a child is brought up by one of its parents, assuming he or she is willing and able to fulfil that role, but this is not so where such an arrangement is not considered to be in the child's best...
Since 6 April 2015, changes to the law have given the Information Commissioner's Office (ICO) enhanced powers to take action against companies making nuisance marketing calls and sending spam messages. Previously, the ICO could only issue a civil monetary...
A recent court case shows the wisdom of ensuring that there is effective supervision of anyone acting under a power of attorney, especially if substantial assets are involved. The case involved a lady, now in her 80s and suffering from dementia, who lives...
A trade association representing Champagne producers has come down hard on a British flooring company which hoped to bask in the glory of the sparkling wine by registering trade marks which incorporated the name 'Champagne'. The company had applied to...
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...

Latest News

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When a loss is caused to one party by another, the party suffering the loss will often seek redress (damages) from the person or organisation that caused it. The process is relatively straightforward when one person or organisation is responsible for the...
-
When Employment Tribunal (ET) fees were introduced in July 2013, the public service trade union Unison was quick to challenge the lawfulness of the new regime on the basis that it would make it 'virtually impossible, or excessively difficult' for many people...
-
According to figures collated by NFU Mutual, smaller farming businesses, whose workers invariably carry out a wide variety of tasks, often in poor weather conditions, are still prone to significant personal injury claims as a result of accidents involving...
-
When undertaking tax enquiries, HM Revenue and Customs (HMRC) are well known for embarking on 'fishing expeditions' for information. In a recent case, a company which was under enquiry for a relatively minor matter (possible underdeclaration of car and fuel...
-
Running an airline profitably is critically dependent on keeping planes in the air as much of the time as possible, so when an airline enters into a contract relating to its fleet, 'on-time' delivery is very important. Also key is the need to provide a...
-
The Government has announced that it is to carry out a wide-ranging review of the Employment Tribunal (ET) fees system to determine whether its original objectives have been met. It will then make recommendations for any changes to the structure and level...
-
The law of intellectual property is seldom simple or without surprises. In 2014, the High Court decided that the 'corrugated' shape of the Kit Kat chocolate bar, whilst unremarkable in itself, had acquired a 'distinctive character' by way of use over time...
-
Adjudicators' powers to resolve contract disputes are frequently challenged by those who are unhappy with their decisions. However, in a guideline case, the High Court has thrown out one attack on an adjudicator's jurisdiction as 'misconceived'. A retail...
-
In Way v Spectrum Property Care Limited , the Court of Appeal has ruled that final warnings given in bad faith cannot be relied upon when assessing whether or not there was sufficient reason for dismissing an employee. Mr Way worked for property service...
-
Since 6 April 2015, changes to the law have given the Information Commissioner's Office (ICO) enhanced powers to take action against companies making nuisance marketing calls and sending spam messages. Previously, the ICO could only issue a civil monetary...
-
A trade association representing Champagne producers has come down hard on a British flooring company which hoped to bask in the glory of the sparkling wine by registering trade marks which incorporated the name 'Champagne'. The company had applied to...
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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...
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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...
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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...
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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...
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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...
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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; ...
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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...
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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...
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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...
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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...
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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. ...
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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...