Legal News

The procedures for obtaining planning permission are a frequent source of delay and dispute, especially where inspectors reject planning applications for reasons that do not seem clear or consistent. Planning inspectors are obliged to explain adequately...
VAT law is clear that when a supply is made as a single supply, the VAT rate which applies is that of the principal supply. However, sales frequently include items that carry different rates of VAT. If it favours them (i.e. leads to VAT becoming payable),...
A woman who sued her ex-partner for a half share of his £500,000 home – on the basis that she and members of her family had put two years of toil into renovating the property before the relationship ended – has had her claim rejected by a...
Making private financial arrangements with friends and family can seem like a good idea at the time the transactions are undertaken, but they have a discouraging tendency to end in dispute unless professional advice is taken to ensure that the arrangements...
It is exceedingly difficult to patent computer programs, although the code of a program is subject to copyright. The reason for this is that Section 1 of the Patents Act 1977 does not allow patent protection for computer programs. In order for a...
Residential landlords are reminded that since 1 December 2014, the Government has been carrying out a pilot scheme (currently only in parts of the Midlands) requiring checks to be made on the residency status of tenants and occupiers who have tenancy...
Most house owners regard rising property prices as a good thing, but buy to let landlords who have neglected to deal with their tax obligations after the sale of their buy to let properties have been targeted by HM Revenue and Customs (HMRC), and it is...
A recent Employment Appeal Tribunal (EAT) decision ( Serco Limited v Dahou ) serves as a reminder that an Employment Tribunal (ET) must not substitute its own view of what was an appropriate sanction, given the circumstances of the case in question, for...
In an example of the law stepping in to protect the vulnerable, a daughter has been stripped of responsibility for managing her mother's affairs after she failed to provide the pensioner with new clothes, toiletries or an adequate income. The daughter had...
There have been hundreds of legal disputes relating to the division of property built up during a period of cohabitation by couples who are not married. The arguments arise on the break-up of the relationship or on the death of one of the cohabitants. The...
As the main contractor for major works on London Underground, electronics giant Siemens retained a subcontractor to install communications equipment at various stations. When the works did not progress as desired, a dispute arose between Siemens and the...
When trading losses (as calculated for tax purposes) are made, there are several ways these can be used, but in all cases, if no other relief is given, the losses are carried forward to be deducted from the first available trading profits of the same trade...
When the operator of a mobile home park sought to evict a tenant on the ground that he had committed acts of anti-social behaviour, the Court could not accept that it was reasonable to terminate his licence to station his mobile home on the site when the...
A company which failed to take adequate steps to secure its website against hackers has been hit with a £150,000 financial penalty after a malicious fraudster managed to download personal data relating to its customers, including more than a million...
It is not uncommon for elderly drivers to be required to undertake driving competence tests after they have been involved in an accident which is deemed to be their fault. In an important boost for pensioners keen to maintain their motorised independence...
HM Revenue and Customs (HMRC) have long been aware that business owners sometimes try to claim tax relief as a business expense on what are essentially items of private expenditure. Recently, it has been reported that owners of horseboxes are being targeted...
Background Many consumers feel that if they have a problem with a product or service they have bought, there are few options available to them. Going to court is simply not an option for the “average consumer”. Alternative Dispute Resolution...
The Government has announced that copies of wills and grants of probate can be obtained online or by post. Each record of probate will cost £10. It is intended that new grants of probate will be available online within 14 days of issue and postal...
In a case which dealt with the issue of misuse of Twitter by an employee in the context of an unfair dismissal claim ( Game Retail Limited v Laws ), the Employment Appeal Tribunal (EAT) declined to give general guidance to assist with future decisions on...
Tenants are required to comply with the covenants in their leases and breaches of lease covenants can have serious implications, as a recent case shows. It involved a tenant (a car sales and repair business) that wished to end its lease, which ran for ten...

Latest News

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VAT law is clear that when a supply is made as a single supply, the VAT rate which applies is that of the principal supply. However, sales frequently include items that carry different rates of VAT. If it favours them (i.e. leads to VAT becoming payable),...
-
It is exceedingly difficult to patent computer programs, although the code of a program is subject to copyright. The reason for this is that Section 1 of the Patents Act 1977 does not allow patent protection for computer programs. In order for a...
-
Residential landlords are reminded that since 1 December 2014, the Government has been carrying out a pilot scheme (currently only in parts of the Midlands) requiring checks to be made on the residency status of tenants and occupiers who have tenancy...
-
A recent Employment Appeal Tribunal (EAT) decision ( Serco Limited v Dahou ) serves as a reminder that an Employment Tribunal (ET) must not substitute its own view of what was an appropriate sanction, given the circumstances of the case in question, for...
-
As the main contractor for major works on London Underground, electronics giant Siemens retained a subcontractor to install communications equipment at various stations. When the works did not progress as desired, a dispute arose between Siemens and the...
-
When trading losses (as calculated for tax purposes) are made, there are several ways these can be used, but in all cases, if no other relief is given, the losses are carried forward to be deducted from the first available trading profits of the same trade...
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A company which failed to take adequate steps to secure its website against hackers has been hit with a £150,000 financial penalty after a malicious fraudster managed to download personal data relating to its customers, including more than a million...
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Background Many consumers feel that if they have a problem with a product or service they have bought, there are few options available to them. Going to court is simply not an option for the “average consumer”. Alternative Dispute Resolution...
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In a case which dealt with the issue of misuse of Twitter by an employee in the context of an unfair dismissal claim ( Game Retail Limited v Laws ), the Employment Appeal Tribunal (EAT) declined to give general guidance to assist with future decisions on...
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Tenants are required to comply with the covenants in their leases and breaches of lease covenants can have serious implications, as a recent case shows. It involved a tenant (a car sales and repair business) that wished to end its lease, which ran for ten...
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A one-armed businessman, who went to war with his former friends over control of a successful talent agency for amputee stuntmen, has been criticised by a judge for his determination to ‘jealously and selfishly’ guard his own financial interests....
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The Government has announced the National Minimum Wage (NMW) rates that will apply from 1 October 2015. The apprentice rate, which applies to apprentices under 19 or over 19 and in the first year of their apprenticeship, will increase by 57p (20 per cent)...
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    Adjudication is a common form of dispute resolution used in the construction industry. It is comparatively fast and normally cost effective, but comes with the risk of ‘rough justice’. This is be cause the adjudicator only has...
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What do you do when a key employee leaves taking company property, confidential information and clients? Call Gregg Latchams.

We were recently instructed by a medium size company who employed several high level sales advisers. 

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The Employment Rights (Increase of Limits) Order 2015 , which details the annual inflation-linked changes in limits on the compensation amounts which can be awarded by employment tribunals, applies where the appropriate date falls on or after 6 April 2015. ...
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A decision of the High Court that a provisional liquidator could be appointed following a 'without notice' winding-up application by HM Revenue and Customs (HMRC) should serve as a warning to companies whose VAT affairs are in arrears. The company in...
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When there is a risk of confusion on account of the registration of a trade mark name similar to yours, prompt action is advised. Recently, well-known double glazing firm Anglian Windows noted that an application had been made by an unrelated company, which...
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In a striking example of an employment relationship being transformed over time by custom and practice, the High Court has ruled on the status of a woman who was taken on as a teacher but later metamorphosed into a full-time union representative ( Davies v...
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The risks associated with buying 'off plan' are illustrated by a recent case in which the owners of more than 100 flats in two blocks in Leeds found themselves facing a series of problems due to defective workmanship. Financial constraints meant that the...
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Normally, a refusal to mediate will incur the displeasure of the court and can be expensive if the court decides that the legal costs were higher than need be because of the refusal. However, when a case is sound, mediation is not always the right answer,...
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In Windle and Another v Secretary of State for Justice , foreign language interpreters who claim that they suffered race discrimination whilst working for Her Majesty's Courts and Tribunals Service (HMCTS) have had their compensation hopes boosted by the...
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The Low Pay Commission (LPC) has published its 2015 report in which it makes recommendations to the Government on National Minimum Wage (NMW) rates. The recommendation as regards the hourly rate for adults, which applies to workers aged 21 and over, is...
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A recent decision is good news for the proprietors of brands that suffer from the trepidations of counterfeit copies of their goods being sold over the Internet. The High Court ruled that the owner of a variety of luxury brands that suffered this problem...
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Benefits in Kind (BIKs) have always been an administrative nightmare for employers, with the amount of paperwork generated sometimes out of all proportion to the value of the benefit to the employee. Employers will therefore welcome the consultation on...
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The right to light has always been a complex and confusing area of law in the UK. In order to bring more certainty to the subject, the Law Commission undertook a consultation process in 2012/2013. As a result, the Commission has published a draft Right to...