Legal News

Company directors should know that as well as their duties to shareholders, they also have a duty under both common and statute law to protect the interests of creditors. When this duty is not adhered to, the consequences can be severe, as a recent case ...
A recent decision of the Court of Appeal has emphasised the importance of the provision of good quality, relevant evidence in cases involving children. The case concerned a council's decision to place two children up for adoption against their mother's...
Under Section 10 of the Employment Relations Act 1999 (ERA), when a worker is required or invited to attend a disciplinary or grievance hearing, they have a statutory right to be accompanied where this has been reasonably requested and the person chosen...
The Prevention of Social Housing Fraud Act 2013 makes the unauthorised subletting of a council property a criminal offence. The prosecution can be brought by the council concerned. Where subletting or parting with possession of the whole of the property...
When a woman transferred the lease on her Knightsbridge flat into a trust for the benefit of her two sons, the intention was to provide a benefit to them which would, over time, be free of Inheritance Tax (IHT). Such gifts are called 'potentially exempt...
Damages paid for loss of income are taxable but, by concession, most damages paid as a capital sum for not taking court action have been exempt from taxation to Capital Gains Tax (CGT). If the damages paid can be linked to a specific asset (for instance...
During the course of an employment, it is common for employees to become aware of the ‘trade secrets’ of their employer’s business. If they subsequently use this knowledge for their own gain, they can find themselves facing a claim for...
When an estate is being administered, the administrator must meet any specific bequests in the will before distributing the remainder (the ‘residue’ in legal parlance) of the estate. However, it is by no means uncommon for the specific bequests...
A widely reported case has potential implications for those entrusted with the care or safety of others who delegate that responsibility – for example by the use of subcontractors. The tragic case concerned a boy who suffered brain injuries whilst...
In a decision that may come as a surprise to employers, the Employment Appeal Tribunal (EAT) has ruled that an employer’s duty to make reasonable adjustments for over-stressed workers can extend to paying for private psychiatric treatment....
If you have negotiated a divorce settlement and then find out that your ex-spouse has been less than open when disclosing their personal finances, the court will reopen the matter if there is sufficient evidence to do so. In a recent hearing, the court was...
When land has been used by someone who has no legal entitlement to use it for 20 years without interruption, an ‘easement’ can arise under the Prescription Act 1832 . In principle, an easement gives the legal right to continue the use...
In a bitter example of how an innocent party can be left to carry the financial can following a corporate failure, the owner of a hotel who paid £110,000 for diesel powered generating equipment has received judicial sympathy but ended up with neither...
Businesses that have constituted themselves as limited liability partnerships (LLPs) will greet without enthusiasm the announcement by Treasury Secretary Danny Alexander that the Government ‘will be closing the loophole that allows private equity...
When determining whether or not a claim for principal private residence (PPR) relief for Capital Gains Tax (CGT) purposes can be made when a property is sold, the exact nature of the arrangements can be paramount, as a recent case proves. The case arose...
Changes to employment law and practice are normally implemented in either April or October in order to make life easier for employers, who must ensure that their policies and procedures comply by the implementation dates. The Collective Redundancies and...
The law offers a way of protecting land that is used as a local amenity in order to ensure that it can be enjoyed for generations to come. Where land has been used by local people ‘as of right’ for recreational purposes for at least 20 years, it...
A practising Christian who was dismissed from his job as a paediatric consultant after he refused to accept recommendations that he refrain from using religious references in his workplace communications has lost his appeal against the decision of the...

A seminar providing valuable knowledge on registering trade marks and the other ways you can protect your brand by the use of smart intellectual property strategies together with a discussion on the creation of a brand from a designer’s perspective and how clever and consistent usage of your brand can help you build company value.

The economic value of a well-known brand having a registered trade mark is illustrated by two recent court cases involving British Sky Broadcasting (BSkyB), US IT giant Microsoft and free Internet phone service Skype. Microsoft launched a cloud-based data...

Latest News

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Company directors should know that as well as their duties to shareholders, they also have a duty under both common and statute law to protect the interests of creditors. When this duty is not adhered to, the consequences can be severe, as a recent case ...
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Under Section 10 of the Employment Relations Act 1999 (ERA), when a worker is required or invited to attend a disciplinary or grievance hearing, they have a statutory right to be accompanied where this has been reasonably requested and the person chosen...
-
Damages paid for loss of income are taxable but, by concession, most damages paid as a capital sum for not taking court action have been exempt from taxation to Capital Gains Tax (CGT). If the damages paid can be linked to a specific asset (for instance...
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During the course of an employment, it is common for employees to become aware of the ‘trade secrets’ of their employer’s business. If they subsequently use this knowledge for their own gain, they can find themselves facing a claim for...
-
In a decision that may come as a surprise to employers, the Employment Appeal Tribunal (EAT) has ruled that an employer’s duty to make reasonable adjustments for over-stressed workers can extend to paying for private psychiatric treatment....
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When land has been used by someone who has no legal entitlement to use it for 20 years without interruption, an ‘easement’ can arise under the Prescription Act 1832 . In principle, an easement gives the legal right to continue the use...
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In a bitter example of how an innocent party can be left to carry the financial can following a corporate failure, the owner of a hotel who paid £110,000 for diesel powered generating equipment has received judicial sympathy but ended up with neither...
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Businesses that have constituted themselves as limited liability partnerships (LLPs) will greet without enthusiasm the announcement by Treasury Secretary Danny Alexander that the Government ‘will be closing the loophole that allows private equity...
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Changes to employment law and practice are normally implemented in either April or October in order to make life easier for employers, who must ensure that their policies and procedures comply by the implementation dates. The Collective Redundancies and...
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A practising Christian who was dismissed from his job as a paediatric consultant after he refused to accept recommendations that he refrain from using religious references in his workplace communications has lost his appeal against the decision of the...
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A seminar providing valuable knowledge on registering trade marks and the other ways you can protect your brand by the use of smart intellectual property strategies together with a discussion on the creation of a brand from a designer’s perspective and how clever and consistent usage of your brand can help you build company value.

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The economic value of a well-known brand having a registered trade mark is illustrated by two recent court cases involving British Sky Broadcasting (BSkyB), US IT giant Microsoft and free Internet phone service Skype. Microsoft launched a cloud-based data...
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The use of certain names for companies etc. has been restricted for a very long time – the restrictions on ‘sensitive’ names being intended to reduce the likelihood that a person is misled into thinking that they are dealing with an...
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A widespread investigation into the availability of finance for the UK's small business sector has found that eight out of ten SMEs are "happy non-seekers" of external finance – more than ever before. The quarterly SME Finance Monitor...
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Choosing the right name is critical to the success of your small business. A great name can give you a clear brand identity that will get you noticed for all the right reasons — get it wrong, though, and you could be doomed to obscurity. Your name...
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In Harding v Cancer Research UK Limited , a former charity worker has failed in his long-running unfair dismissal claim after the Court of Appeal ruled that his case was based upon a fundamental misunderstanding of the law. Mr Harding worked as a van...
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The Government has announced the National Minimum Wage (NMW) rates that will apply from 1 October 2014: The adult NMW rate will increase from £6.31 to £6.50 per hour; The NMW rate for workers age 18 to 20 will increase from £5.03...
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Rushing into litigation with insufficient preparation and without taking advice can have unfortunate consequences. This simple fact was demonstrated when the owners of a restaurant, who claimed that their business had been blighted by, amongst other things,...
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Using social media for business was the focus of this month’s GL business club event. Andy Poulton from Enterprise Online Marketing Solutions spoke at the M Shed on the 13th March to dispel some myths around social media, and to demonstrate how to use...
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Gregg Latchams’ wins significant trust argument in construction High Court case

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Anyone who files a VAT return will know that for some time HM Revenue and Customs (HMRC) have insisted that these are filed online. This presents particular challenges for the visually impaired, those who have difficulty using a keyboard and people who lack...
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A recent intellectual property case has again illustrated the principle that the courts are unlikely to accept that geographical terms ‘belong’ to a particular business. It involved the launch of a publication called ‘The Southern...
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In a case on whether or not it was reasonable for an employee at risk of redundancy to refuse an offer of suitable alternative employment ( Readman v Devon Primary Care Trust ), the Court of Appeal has reaffirmed that the test is a subjective one. In such...
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Gregg Latchams is delighted to announce that it has appointed Dr Hartley Booth as a strategic advisor to the firm.  Dr Booth was appointed Lawyer to Prime Minister Thatcher as Policy Advisor on Law and the Environment  and held Ministerial posts in...
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The pitfalls of not getting documentation exactly right have become all too clear for a lender following a recent Court of Appeal hearing . The case arose because the lender wished to rely on the guarantees given over a debt by a group of guarantors. ...