Legal News

The welfare of children is always the principal concern of the court in care proceedings and the rights of their parents are of much lesser importance. In one case, a judge opened the way for adoption of a seriously ill baby boy after ruling that his...
In practice, most litigation never reaches court because a settlement is negotiated between the parties before the matter goes to trial. Changes to the regime that governs offers of settlement in legal disputes will affect anyone making or receiving an...
An intellectual property decision which surprised some when it was made in 2014 has been reversed by the Court of Appeal . It involved the importer and distributor of a branded pharmaceutical product which had an exclusive licence to use the product's...
With the benefit of expert advice, a flat dweller who stood her ground and refused to move out of her leasehold property to make way for redevelopment of the property has been awarded more than £270,000 in compensation after her home was compulsorily...
A recent case in the Technology and Construction Court (TCC) gave guidance on the potential liabilities of consultants and contractors when a building project goes wrong and the owner of the building alleges that the consultant has failed to warn them. ...
The use of limited liability partnerships (LLPs) has become widespread since their introduction in April 2001. An LLP allows its members to have limited liability, which a ‘traditional’ partnership does not: in a traditional partnership, each...
The tax tribunals are not generally known for a free and easy approach to issues. They do, however, have a degree of discretion to correct obvious errors and a recent case shows that the tribunal judge may use this discretion when failing to do so would...
A man has recently been removed as the deputy (the person appointed by the Court of Protection (COP) to look after the finances of someone else who lacks the ability to do so) for his long-term partner – for failing to file accounts. He was...
Whilst people suffering from cancer, multiple sclerosis or HIV are automatically deemed to be disabled for the purposes of the Equality Act 2010 , in the case of other illnesses, whether or not a worker is disabled will depend on whether or not their...
Even relatively small unpaid debts can balloon into a major problem, but taking prompt legal advice can lead to compromise and prevent a misfortune becoming a disaster. The point was illustrated by one case in which a couple were ultimately declared...
The value of a post-nuptial agreement in protecting wealth was illustrated recently when a property developer with assets said to be worth more than £30 million was able to persuade the court that a post-nuptial agreement signed by his ex-wife should...
Businesses that deal with the public are reminded that legislation will come into effect soon to give consumers better protection under the law than they currently have. The Consumer Rights Act 2015 received the Royal Assent on 26 March and becomes law on...
Changes to planning law that came into effect on 15 April 2015 will make it easier for several types of business to change the use of their premises as the rules that apply to the grant of planning permission for change of use between different use classes...
Landlords with tenants who occupy their premises under assured shorthold tenancies will be affected by changes introduced by the Deregulation Act 2015 , which received the Royal Assent in March 2015. The commencement date for the changes has not yet been...
With the ever increasing value of inner-city residential property development, more and more developers are converting business premises into des-res apartment buildings.  This situation is compounded by the Government’s drive to increase...
It is often tempting to press on with things and not worry about details, but a recent case shows how much trouble can be caused when i’s are not dotted and t’s not crossed. The High Court was asked to grant a declaration that Fresh Trading...
It is commonly thought that for input VAT to be reclaimed from HM Revenue and Customs (HMRC), a valid VAT invoice is an absolute prerequisite. However, HMRC are permitted to accept other evidence and, although this is discretionary, they are obliged by their...

Recent pension changes have attracted much publicity. However you need to get proper advice before taking out money as it will potentially impact on the tax relief you will gain on future payments in.

Clients are warned that the new pension reforms, which now allow pension funds to be treated almost like a personal piggy-bank, are likely to lead to an upswell in attempts by shady financial advisers to help themselves to the nest eggs of the elderly or...
Regrettably, cases in which the behaviour of an attorney for someone who is elderly or infirm is cause for an enquiry – and often an intervention – by the Public Guardian are increasingly common. An attorney has the responsibility always to act...

Latest News

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An intellectual property decision which surprised some when it was made in 2014 has been reversed by the Court of Appeal . It involved the importer and distributor of a branded pharmaceutical product which had an exclusive licence to use the product's...
-
A recent case in the Technology and Construction Court (TCC) gave guidance on the potential liabilities of consultants and contractors when a building project goes wrong and the owner of the building alleges that the consultant has failed to warn them. ...
-
The use of limited liability partnerships (LLPs) has become widespread since their introduction in April 2001. An LLP allows its members to have limited liability, which a ‘traditional’ partnership does not: in a traditional partnership, each...
-
Whilst people suffering from cancer, multiple sclerosis or HIV are automatically deemed to be disabled for the purposes of the Equality Act 2010 , in the case of other illnesses, whether or not a worker is disabled will depend on whether or not their...
-
Businesses that deal with the public are reminded that legislation will come into effect soon to give consumers better protection under the law than they currently have. The Consumer Rights Act 2015 received the Royal Assent on 26 March and becomes law on...
-
Changes to planning law that came into effect on 15 April 2015 will make it easier for several types of business to change the use of their premises as the rules that apply to the grant of planning permission for change of use between different use classes...
-
With the ever increasing value of inner-city residential property development, more and more developers are converting business premises into des-res apartment buildings.  This situation is compounded by the Government’s drive to increase...
-
It is often tempting to press on with things and not worry about details, but a recent case shows how much trouble can be caused when i’s are not dotted and t’s not crossed. The High Court was asked to grant a declaration that Fresh Trading...
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It is commonly thought that for input VAT to be reclaimed from HM Revenue and Customs (HMRC), a valid VAT invoice is an absolute prerequisite. However, HMRC are permitted to accept other evidence and, although this is discretionary, they are obliged by their...
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Recent pension changes have attracted much publicity. However you need to get proper advice before taking out money as it will potentially impact on the tax relief you will gain on future payments in.

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Badly drafted employment conditions can have embarrassing consequences, as a government agency discovered when it was found to have discriminated against disabled workers whose bonuses were docked due to their absence on sick leave ( Land Registry v...
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In a cautionary tale for any commercial tenant who thinks professional legal advice is an unnecessary luxury, a shopkeeper who would have been entitled to substantial compensation on the early surrender of her lease will go without a penny – after...
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Selling a company can be fraught with difficulties, particularly where payment for shares is deferred and the price payable is calculated on the basis of performance. In one such case , a disagreement between buyer and seller resulted in a round of costly...
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Copying the design of another company's product can prove expensive, as a manufacturer of ice cream vans found out to its cost recently. Although it may be considered that ice cream vans are all similar to one another, a company which has been making them...
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A service provision change under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) takes place when, immediately before the change, there is an 'organised grouping of employees' that has as its principal purpose the carrying...
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The first commencement order made under the Small Business, Enterprise and Employment Act 2015 , which received the Royal Assent on 26 March 2015, has banned exclusivity clauses in zero hours contracts with effect from 26 May 2015. Specifically, Section...
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A property developer who lost a fortune when his bank pulled the plug and refused to finance his plans to build a luxury home within sight of the Gleneagles golf course will get his money back following a Supreme Court ruling . The developer bought a...
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Disputes over what insurance policies do or do not cover are legion, and a recent survey carried out by the British Insurance Brokers' Association is a timely reminder of the risks of not knowing the scope and limitations of the insurance policies you buy. ...
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The general rule in tax law is that for a trading loss to be set off against other income in order to reduce a tax liability, the trade which incurred the loss must have been carried on 'with a reasonable expectation of profit'. Although the agricultural...
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The Government is seeking views on the way in which consultation with employees where a business is facing insolvency, or has moved into an insolvency process, operates in order to see if outcomes for both employees and employers could be improved. The...
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To regular renters of cars, the stylised 'e' in the logo of Europcar will be readily recognisable. With its brand reinforced by an extensive recent television advertising campaign, the Enterprise Rent-a-Car 'e' logo will also be familiar to...
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As anticipated, British Gas has lodged an appeal against the decision of the Employment Tribunal (ET) in Lock v British Gas Trading Limited and Others that the Working Time Regulations 1998 could be interpreted 'purposively' in order to achieve...
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A recent Employment Tribunal (ET) case ( Insley v Accent Catering ) is a reminder of the importance of keeping workplace policies and procedures abreast of current innovations as well as developments in the law. The ban on smoking in pubs, restaurants and...
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Termination or assignment of commercial leases can have many pitfalls, so cases involving tenants who wish to, or do, vacate let premises abound in the courts. A recent case concerning what seemed like a straightforward assignment of a commercial lease...
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Bristol law firm Gregg Latchams Limited had the pleasure of hosting a delegation of twenty Chinese representatives from development companies, government, architects and academia for a day of exploration and learning around the city.  Their purpose was to examine Bristol’s redeveloped post-industrial landscape, learn from the city’s experiences and gather ideas to help address issues facing China’s own urban regeneration.