Latest Legal News

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Contracts often require payments for services to be made in advance in order to get the ball rolling and provide liquidity, but this gives rise to obvious risks. An instructive High Court ruling, however, showed how effective bank guarantees are in ensuring...
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It is easy to be tempted by exotic investment schemes that promise spectacular returns. However, as a High Court case strikingly showed , they are often too good to be true and it is always wise to get an independent professional to check them out before...
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If you have spent time and money building up public recognition of your trade mark, you do not have to just stand by and watch others taking unfair advantage of your investment. In a case on point, a tea supplier saw off an attempt to use its brand name in...
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Despite the drive towards achieving economic equality between the sexes, it remains common for women to give up their promising careers to support their husbands and devote themselves to child rearing and home-making. An important High Court ruling ...
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The vexed distinction between 'workers' and 'independent contractors' could hardly be more important for many businesses but remains perennially controversial. An important ruling of the Court of Justice of the European Union (CJEU) is likely, however, to...
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Contract adjudicators' awards, even if disputed, must generally be satisfied straight away. That principle – often referred to as 'pay now, argue later' – was applied by the High Court in ordering an immediate six-figure payment to a small...
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Ramblers love footpaths, but the same cannot be said for landowners concerned to protect their privacy and security. That was certainly so in one case in which homeowners with a high media profile won the right to divert a footpath which crossed their...
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Part-time referees who officiate at professional football matches on a game-by-game basis are not employees. Confirming their self-employed status in a guideline case, the Upper Tribunal (UT) noted that they are so motivated to work that there is no need to...
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If you are an entrepreneur and own your own company, that is all the more reason why you should take professional advice regarding the consequences that might arise on your death. In an unusual High Court case on point , a farm contracting business was left...
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Few would quarrel with the long-standing rule of law that anyone who unlawfully kills another is barred from benefiting, financially or otherwise, from his or her crime. In a unique decision, however, the High Court waived that rule in the case of an...
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The freeholds of a great many blocks of flats are held by tenant-owned companies which operate on democratic principles. Such arrangements are, however, not a panacea and disagreements can arise. A guideline Supreme Court decision will, however, make it...
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In the throes of family breakdown, parents often focus on their own personal battles – but it is the best interests of their children that are always uppermost in family judges' minds. In a case on point, the wishes and feelings of two teenagers ...
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Sexual harassment proceedings against disgraced film producer Harvey Weinstein gave rise to a thorny jurisdictional issue that threatened to undermine the power of Employment Tribunals (ETs) to make evidence disclosure orders against those who are not...
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Trusts can be an invaluable means of providing for vulnerable loved ones, but they need careful handling by a professional if they are not to have serious unforeseen consequences. In a case on point, the High Court came to the aid of a retired GP whose...
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Businesses that handle personal data but fail to take appropriate steps to guard against cyber attacks expose themselves to grave financial and reputational damage. That was certainly so in the case of an international airline whose flawed systems...
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A temporary Stamp Duty Land Tax (SDLT) relief measure has taken immediate effect in England and Northern Ireland after being announced by Chancellor Rishi Sunak in his summer economic statement. The measure has been introduced by the Government to try and...
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Civil unrest is thankfully rare in Britain, but it does occur and anyone who suffers loss as a result should contact a solicitor without delay. In a case on point, a company that lost stock worth millions in a blazing warehouse at the height of the August...
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A fine imposed on a householder for parking her Land Rover on her own land put the conflict between private ownership and public access to the road network in high relief and provided the subject matter for an important High Court test case . For many...
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Any civilised system of civil justice affords those who are accused of wrongdoing a fair opportunity to defend themselves in court. However, as a High Court ruling in a corporate insolvency case showed, disobeying judicial orders can place even that...
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In order to be divorced you obviously have to be validly married, and bigamy remains a surprisingly common occurrence. In one case, the High Court found that a couple's overseas wedding did not render them husband and wife – because she was already...
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If someone upon whom you depend financially dies leaving you nothing in his or her will, judges have the power to ensure that you do not go empty-handed. As a High Court case showed, however, that power will only be exercised in your favour if your need for...
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Fixed-term employment contracts mean what they say and expire at the end of their terms without the need for any notice of termination. The Court of Appeal so ruled in a case which clarified the interrelationship between fixed-term contracts and public...
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The COVID-19 pandemic represents a public emergency which is threatening the life of the nation. A High Court judge wrote those words in reaching the momentous conclusion that, whilst the crisis persists, derogation from certain fundamental human rights is...
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The House of Lords has produced a damning report into the intended changes to the IR35 off-payroll working rules. In response to the coronavirus pandemic, the reforms have been delayed by the government, which says the move is a 'deferral and not a...
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To say that parents bear a moral responsibility to ensure that their children behave themselves in public is uncontroversial – but are they also under a legal duty to do so? The High Court addressed that issue in ruling that the sins of an allegedly...

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