Legal News

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,...
Big money divorce cases get into the news for a whole variety of reasons, but an allegation of sex discrimination is seldom one of them. However, this was one of the issues raised in a divorce case involving a high-flying wife who sacrificed her career to...
The basis on which stamp duty is charged is being changed in a move that will benefit most purchasers of property. The old system applied a single rate of stamp duty based on the value of the purchase. This 'single slab' system led to some creative...
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...
A little-reported case shows the danger of taking matters into your own hands when you buy goods of inferior quality. It dealt with the sale of a pony. The buyer of the pony considered it to be unsafe for use by children and that it had been...
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...
Two couples who entered into a protracted legal argument over the ownership of a ditch have been left facing legal costs of £500,000 after the dispute ended up in the Court of Appeal . The dispute arose when one of the couples asserted the right to...
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...
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...
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...
Parents-to-be whose babies are due on or after 5 April 2015 are reminded that they can start sharing up to 50 weeks of parental leave, provided they are eligible to do so. The Department for Business, Innovation and Skills has developed an online...
The children of a farmer who suffered from depression and committed suicide in 2013 had expected to inherit his estate. After his death, however, they discovered that he had made a new will in 2011, leaving his entire estate to a woman he had become close to...
Those who offer their personal services through their own private companies may achieve tax advantages; however, a Court of Appeal decision in the case of an airport beautician has underlined that they may also sacrifice their employment rights ( Halawi v...
From 3 December 2014, a surviving spouse or civil partner will 'inherit' the ISA allowance of their deceased spouse or partner. The move, announced in the Chancellor's Autumn Statement, means that the survivor will effectively have a double ISA allowance...
It is not uncommon for a couple's financial circumstances to change a great deal after they divorce, and in such circumstances it will often happen that the poorer ex-spouse will seek to reopen the earlier financial settlement in an attempt to gain a bigger...
When a firm of accountants approached a client regarding investing in a management buyout (MBO) that needed finance, the end result was that the client lent the company set up to invest in the MBO company £15 million. Such loans are not advanced...
Disagreements between family members are often bitter, and this can lead to time, effort and expense being incurred which is disproportionate to the importance of the dispute when it concerns a family business, as a recent case illustrates . Two brothers...
When a solicitor was considered to be making a nuisance of herself by helping her clients make claims against the local council, which was also her landlord, the council took the decision to refuse to offer her a new lease. Her office was in a unit owned by...
A mental health nurse who was subjected to disgraceful abuse by colleagues in the midst of a bitter falling out between rival trade unions has failed to convince the Employment Appeal Tribunal (EAT) that his employer should be held responsible for any...
It may seem obvious, but in order to transfer the title to something to another person, it has to be clear what it is that is being transferred. When a deed purporting to make a gift of assets described as '£324,990 cash/investments' was made, the...

Latest News

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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,...
-
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...
-
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...
-
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...
-
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...
-
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...
-
Parents-to-be whose babies are due on or after 5 April 2015 are reminded that they can start sharing up to 50 weeks of parental leave, provided they are eligible to do so. The Department for Business, Innovation and Skills has developed an online...
-
Those who offer their personal services through their own private companies may achieve tax advantages; however, a Court of Appeal decision in the case of an airport beautician has underlined that they may also sacrifice their employment rights ( Halawi v...
-
When a firm of accountants approached a client regarding investing in a management buyout (MBO) that needed finance, the end result was that the client lent the company set up to invest in the MBO company £15 million. Such loans are not advanced...
-
Disagreements between family members are often bitter, and this can lead to time, effort and expense being incurred which is disproportionate to the importance of the dispute when it concerns a family business, as a recent case illustrates . Two brothers...
-
A mental health nurse who was subjected to disgraceful abuse by colleagues in the midst of a bitter falling out between rival trade unions has failed to convince the Employment Appeal Tribunal (EAT) that his employer should be held responsible for any...
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A council's decision to grant planning consent for a superstore has been countermanded for a second time by the High Court on the ground that the potentially 'crippling' impact on the heart of a neighbouring market town had not been adequately considered. ...
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Under Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 , employers have a duty to consult with appropriate representatives of employees concerning forthcoming redundancies if 20 or more employees are to be dismissed at one...
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Millions can hang on the precise wording of a contract. Just how important this can be was illustrated in a recent case in which an agreement in respect of a major oil pipeline project brought bitter discord after grave flaws in its drafting led to a...
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When a Polish au pair was dismissed by her employers, they demanded repayment of the air fares and training costs they had incurred. This was in accordance with the contract she had agreed, which provided that the costs would be repayable if she quit or was...
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Guidance from the Centre for the Protection of National Infrastructure and the UK's National Technical Authority for Information Assurance highlights some of the aspects organisations must consider when adopting a 'Bring Your Own Device' (BYOD) approach,...
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A litigant who was in the grip of a psychotic episode when he turned up an hour late to an Employment Tribunal (ET) hearing – only to discover that his claim had been struck out in his absence – has been given fresh hope of compensation ( U v...
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In a decision which will give some comfort to many hard-pressed businesses , a tax tribunal has ruled that a small company's unexpected cash-flow problems provided a 'reasonable excuse' for its late payment of its PAYE liabilities. The...
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A recent claim for negligence against a firm of architects , which resulted in a five-day court hearing, has led to a couple rueing their decision to litigate a dispute. The couple wished to build a garage and workshop in the grounds of their property and...
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Just because a court ruling seems harsh does not mean that the judge making it was biased, as is illustrated by a decision by the Court of Appeal that a judge was wrong to disqualify himself from continuing to hear a highly contentious case after he was...
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The Department for Work and Pensions (DWP) has published guidance for employers and employees on the new 'Fit for Work' service, originally referred to as the Health and Work Service, which is due to be phased in over the coming months. The service,...
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A former couple engaged in an acrimonious copyright dispute in respect of trading software which lay at the heart of their phenomenally successful business have run up £19 million in legal bills. The husband, a mathematician and computer programmer,...
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As New Year breaks, we wish you a very happy, healthy and harmonious 2015. Stay with us for employment law news as it happens; there’s a lot in store. So it’s back to work, and perhaps back to the drawing board for those pushing for the...
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A bank worker who claims she was subjected to a campaign of abuse and degrading treatment by colleagues due to the 'pot-pourri' of medical conditions from which she suffered has sustained a serious setback in her fight for compensation ( Morgan Stanley...
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When a firm of valuers placed a valuation of €135 million on a property in Germany in 2005, in connection with a complex refinancing package, and it subsequently turned out to be worth much less, a legal dispute was almost inevitable when the deal went...