Latest Legal News

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Failing to accurately respond to insurers' questions when taking out a policy is highly likely to render your cover worthless. A businessman found that out to his cost after losing a £190,000 Rolex watch whilst on a skiing trip. The man launched...
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One of the most important duties required of a company director is to keep, maintain, preserve and, if necessary, deliver up adequate accounting records. The High Court resoundingly made that point in imposing a seven-year directorship disqualification on...
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The tax regime is subject to constant change and it is generally up to taxpayers to keep their knowledge up to date in a fluid landscape. However, as a case concerning tax charged on high-income recipients of Child Benefit showed , HM Revenue and Customs...
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Commercial landlords and tenants may contract out of the security of tenure provisions of the Landlord and Tenant Act 1954 , but only if certain conditions are met. One of those conditions came under close analysis by the Court of Appeal in a ruling that...
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Restrictions on the use to which properties can be put often lurk in old title deeds. As one case showed , however, some of them only endure as long as a human lifetime whilst others have no such shelf life and continue to have effect indefinitely. The...
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When recruiting staff, you may have a particular type of candidate in mind, but that is precisely the mindset that can give rise to discrimination. A company that advertised on social media for 'mothers' to work as babysitters fell into exactly that trap and...
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The value of many assets has been devastated by COVID-19 – but is that a good enough reason for setting aside divorce settlements agreed before the pandemic struck? A family judge considered that issue in a guideline case . The case concerned a...
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When assessing whether tax mitigation schemes are effective, judges must interpret legislation in the real world and with regard to the likely intentions of Parliament. The Supreme Court made those points in a test case concerning schemes designed to avoid...
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Will drafting is an exact science, requiring years of professional training, and a single mischosen or out-of-place word can have very serious consequences. Exactly that happened in a High Court case concerning the mistaken use of the word 'both' –...
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There will always be some who view anti-competitive business practices as an easy route to profits, but those who engage in them can expect deterrent punishments. In one case, a supplier of musical instruments was fined over £5 million for fostering a...
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Whether or not to be vaccinated against COVID-19 is a matter of personal choice. A family judge robustly made that point in declining to authorise vaccination of a care home resident suffering from acute dementia who had fiercely objected to the procedure....
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Professional tax advice, however carefully considered, cannot always be correct, but you are generally entitled to rely on it. A tribunal made that point in relieving a retired executive of a tax bill that would have had a devastating impact on his...
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The COVID-19 pandemic has massively increased the prevalence of home working but, for some, working away from the office is far more than just a preference. In a guideline case on point, an Employment Tribunal (ET) emphasised the rights of carers who work...
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Judges often plead with divorcing couples to bury the hatchet rather than subject themselves to the financial and emotional self-harm of litigation. As a High Court case showed , however, such good advice is sadly not always heeded. The case concerned a...
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Bad blood often exists between trade rivals, but is it an acceptable business practice for them to poke fun at one another? The High Court tackled that issue in the context of a trade mark dispute between tech giant Apple and Swiss watch manufacturer...
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Building works to extend or improve your property may involve temporary incursions onto your neighbour's land, for which permission is required. In a case that showed the serious consequences of pressing ahead without such consent , partners in a medical...
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Making a will when you are close to death and without professional assistance is an effective means of fostering dispute between your loved ones after you are gone. As a High Court case strikingly showed , that is particularly so if you intend to leave your...
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Should potentially competitive business activities engaged in by charities be exempt from VAT? The First-tier Tribunal (FTT) confronted that issue in extending VAT exemption to supplies made by a restaurant where students with learning disabilities gain...
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Domestic gardens, which many people view as the glory of British suburbia, present a tempting prospect to builders amidst burgeoning housing demand. As one case showed, however, objectors to such developments are by no means powerless. The owners of a...
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Many of the most vulnerable members of society lack the mental capacity required to consent to being vaccinated against COVID-19. As a Court of Protection case showed , that fact can give rise to formidable legal difficulties. The case concerned a care...
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Every internet user has had the experience of mechanically scrolling through densely typed terms and conditions before being granted access to a website – but are they worth anything in law? The High Court tackled that issue in confirming an online...
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It is sadly true that bankruptcy proceedings are sometimes used by perfectly solvent individuals for purposes other than seeking to satisfy their creditors or manage their debts. However, as a High Court case showed, alleging such conduct is one thing and...
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Trusts are delicate and often complex legal instruments and any flaws in the wording of documents relating to them can have grave tax and other consequences. As a High Court case showed , however, inadvertent drafting errors can be corrected. The case...
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Strict contractual rights, no matter how clearly defined, may be impliedly waived by conduct. That principle came under High Court analysis in a dispute concerning stalled plans for the construction of a space age engine testing centre. Trustees of a unit...
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Numerous businesses have sadly gone bust during the COVID-19 pandemic and, if you are amongst the many thousands of employees left high and dry, you should consult a solicitor without delay. A retail worker who did just that was awarded 90 days' pay by an...

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