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A cyclist who was injured in a road accident has obtained compensation from the insurer of the driver responsible. The cyclist was riding along a country lane when a car approaching from the opposite direction moved into his path while overtaking a jogger....
The Family Court has granted a husband's application for a divorce he obtained in India to be recognised by the English courts . The husband and wife were both Indian nationals who now had British citizenship. They had married in India in 2010, moved to...
The Court of Appeal has handed down its judgment in a case which clarifies how the test of whether members of a limited liability partnership (LLP) have significant influence over its affairs for the purpose of determining whether they are 'salaried...
The Intellectual Property Enterprise Court has rejected a supermarket chain's application for summary judgment on its claim that a trade mark it was accused of infringing was invalid. A company claimed that the supermarket chain had infringed a trade mark...
An indoor skiing company has received a £100,000 fine following an accident in which a 12-year-old boy died. The boy was at a tobogganing party to celebrate a friend's birthday. He was descending the main ski slope on a toboggan when it ran into the...
A TV producer's partner who was left nothing in his will has commenced High Court proceedings seeking financial provision from his estate. The producer passed away in 2019, at the age of 58. He had been in a long-term relationship with his partner and had...
As part of its Working Minds campaign, the Health and Safety Executive (HSE) has called on employers to support workers' mental health during Stress Awareness Month. Employers are encouraged to focus on one of the campaign's five Rs for each week of April....
Compensation has been secured for an elderly man who developed pressure sores while he was in hospital. Ten days after he was admitted to hospital, it was observed that the skin on his lower back was reddened. This was recorded as a pressure ulcer. When an...
The Court of Protection recently granted an application by two NHS trusts for authorisation to carry out a planned caesarean in respect of a woman who was due to give birth. The 29-year-old woman had treatment resistant paranoid schizophrenia. She had...
A mother who tripped and fell while dropping her daughter off at school has obtained compensation for the injuries she suffered. She had taken her daughter to her classroom and was walking along a path when she tripped on a raised paving slab. She fell...
In a case in which a man was named as a girl's father on her birth certificate but was subsequently discovered not to be her biological father, the High Court has ruled that the effect of a declaration of non-parentage was to render his acquisition of...
The Upper Tribunal (UT) has upheld a landlord's appeal against a civil penalty imposed on him for managing an unlicensed house in multiple occupation (HMO). The property had five bedrooms which were let to individuals who did not form a single household....
Interim payments have been obtained for a young man who suffered life-changing injuries when he was hit by a drunk driver. The man, who was 24 when the accident happened, was waiting at a bus shelter when a driver lost control of her vehicle and crashed...
The Court of Appeal has reinstated an earlier ruling of the First-tier Tribunal (FTT) that a taxpayer was not resident in the UK for Income Tax purposes during the 2015/16 tax year due to exceptional circumstances that prevented her from leaving the country....
The Upper Tribunal (UT) has ruled that a taxpayer could not claim relief from Capital Gains Tax (CGT) on a loan to a company that had been discharged in exchange for new shares, because the loan was no longer 'outstanding' when the claim for relief was made....
It is always advisable to check the service charges you are asked to pay rather than simply assuming they are correct. This point was illustrated by a recent case in which four leaseholders obtained refunds of service charges relating to electricity costs...
A stonemason who worked with quartz kitchen worktops has described how he had to leave his employment after being diagnosed with the incurable lung disease silicosis. The man used an angle grinder to cut slabs into the required size. He described the work...
The National Minimum Wage (Amendment) Regulations 2025 came into force on 1 April and provided for the following changes to the National Living Wage (NLW) and the National Minimum Wage (NMW) rates: The NLW, which applies to those aged 21 and over,...
It is understandably common for family members and friends to take a more optimistic view of a patient's prospects of recovery than the medical professionals involved. A tragic case in which the High Court considered whether it would be lawful to...
Following an investigation by the Information Commissioner's Office (ICO), a motor insurance worker who unlawfully accessed personal data on his employer's systems has received a suspended prison sentence. The worker led a team dealing with accident...
A man who developed severe back pain while working as a mechanical maintenance engineer has achieved a settlement of his claim against his employer. The man's work involved lying underneath heavy machinery and twisting his body in order to carry out...
The Employment Appeal Tribunal (EAT) has rejected a man's appeal against a decision that he had not been unfairly dismissed for failing to disclose a previous dismissal and a subsequent three-month employment gap on his job application ( Easton v Secretary...
Many people put off making a will or have reservations about doing so, but having a professionally drafted will drawn up by a solicitor is the best way to avoid disputes arising after you are gone. This point was amply illustrated by an unusual High Court...
The Competition Appeals Tribunal (CAT) has granted applications for six search warrants under Section 28(1)(b) of the Competition Act 1998 , in a case which illustrates how such applications are dealt with. The Competition and Markets Authority (CMA) had...
The family of a seven-year-old boy who was left with severe disabilities following his birth have secured a settlement from the NHS trust responsible for the hospital where he was born. The boy's mother had intended to have a home birth. After complications...
The courts are entitled to draw reasonable adverse inferences against a party who fails to engage in divorce proceedings. How this is approached in practice was illustrated by a recent Family Court ruling on a financial remedies application in which the...
Two farmers have been fined for failing to protect members of the public from their cattle following an incident in which a man was killed by a herd of cows while out running with his two dogs. The man, a father-of-three and former teacher, was crossing a...
A landlord which withdrew its objection to a right to manage application shortly before the hearing of the application has succeeded in its appeal against a costs order made on the grounds that its conduct of the proceedings had been unreasonable . An RTM...
Under Schedule 36 of the Finance Act 2008 , HM Revenue and Customs (HMRC) may require a taxpayer to provide information or documents that are reasonably required for the purpose of checking the taxpayer's tax position. Recently, a taxpayer's appeal against...
A woman has achieved a substantial compensation settlement for serious brain injuries she sustained when she was hit by a car, as a result of which she will require care and rehabilitation for the rest of her life. After a claim was brought, the driver's...
The Government has published an updated Amendment Paper listing all amendments tabled to the Employment Rights Bill , which is currently making its way through Parliament. A number of amendments to the Bill have been tabled as a result of consultations...
Tenants who are unhappy with service charges they are asked to pay can apply to the First-tier Tribunal (FTT) for a determination of whether the charges are payable. Recently, the tenants of two flats were successful in persuading the FTT that the costs of...
A man who was left with ongoing complications after contracting Salmonella while on a package holiday has obtained substantial damages. The man was on holiday in the Dominican Republic when he fell ill, experiencing stomach cramps, vomiting and loss of...
The Intellectual Property Enterprise Court has upheld a passing off claim brought by the owner of a dog grooming business against a woman who provided dog grooming services using the business's name. The woman had previously been involved in the business,...
If you wish to change to your will, it is always advisable to do so promptly rather than leaving it until later. This was amply demonstrated by a recent case in which the High Court was called upon to determine various issues in relation to a codicil a...
Under Section 18A of the Employment Tribunals Act 1996 , a claimant must contact the Advisory, Conciliation and Arbitration Service (Acas) in order to obtain an early conciliation certificate before bringing certain types of Employment Tribunal (ET) claims....
Under Section 42(7) of the Adoption and Children Act 2002 , an adoption order may not be made unless the court is satisfied that sufficient opportunities to see the child with the adoptive parents in the home environment have been given to the adoption...
A claimant who saw his costs budget significantly reduced at a costs management hearing was ordered by the High Court to pay the defendant's costs of that hearing. The man had sustained a significant injury to his right foot and ankle while working as a...
Consumers should always be sure that they fully understand any financial product they intend to use and that they only deal with reputable providers. A recent report on steps taken by the Financial Conduct Authority (FCA) in 2024 against misleading financial...
In a case which illustrates the likely approach courts and tribunals will take to anti-avoidance legislation, the First-tier Tribunal (FTT) has found that a holding company's non-trading loan relationship deficits could not be set off against its profits ...
A man has secured damages after a delay in diagnosing him with a ruptured Achilles tendon led to a significantly worse prognosis. The man was at an outdoor activity centre when he misjudged a step and fell, experiencing pain in his right ankle. After he...
Tenants who wish to challenge any deductions made from their deposits at the end of their tenancies should ensure they follow the dispute resolution procedures of the relevant tenancy deposit scheme. Recently, a tenant who instead applied to the First-tier...
A farming partnership has been fined following an accident at a dairy farm which led to the death of a worker. The 23-year-old man was helping to inflate a tractor tyre when it suddenly exploded. He was hit by the wheel rim, suffering traumatic head...
The courts have a panoply of powers at their disposal to assist with the collection of debts. Recently, the High Court rejected an application to set aside an order granting permission for a Chinese company to serve debt enforcement proceedings on a UK...
A man who developed noise-induced hearing loss caused by repeated exposure to excessive noise during his service in the Armed Forces has secured damages. The man served from 1985 to 1999. During this time he was regularly exposed to noise from various...
A woman who was left nothing in her father's will has succeeded in her claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision from his estate. Her father had passed away in 2020, leaving an estate...
A man who was seriously injured when he tripped on a step in a restaurant has received a six-figure compensation settlement. The man, who had been dining with a friend, was going down to the restaurant's lower floor when the accident happened. He went...
The High Court recently ruled on an application by the Lord Chancellor for declarations that the marriages of 79 couples no longer subsisted on the date of their final divorce orders, despite those divorce orders having been applied for a day too early. ...
The parents of a four-year-old boy who died of sepsis have received a settlement and an apology from the NHS trust responsible for the hospital where he was seen. The boy's parents had taken him to hospital four times in the week before his death, but...
Where an employer has unreasonably failed to comply with the Acas Code of Practice on Disciplinary and Grievance Procedures, an Employment Tribunal (ET) may uplift an award of compensation by up to 25 per cent, as a recent case demonstrates ( Smith v Amadeo...
A woman who was injured in a collision while skiing has commenced a claim for damages. The woman, who had never previously had an accident in more than 50 years of skiing, was on holiday in Austria when the accident happened. A skier behind her came too...
When entering into business relationships, it is always sensible to record any agreements in writing to minimise the risk of later disputes. The point was demonstrated in a recent case in which the High Court upheld a man's claim that he was entitled under...
A couple who let out a house in multiple occupation (HMO) have defeated an application for a rent repayment order under Section 41 of the Housing and Planning Act 2016 on the basis that they had a reasonable excuse for failing to license the property as an...
An NHS trust has been issued with a reprimand by the Information Commissioner's Office (ICO) for failing to respond to subject access requests (SARs) in a timely manner. Article 12(3) of the UK General Data Protection Regulation (GDPR) requires data...
A man who was seriously injured by a forklift at work, resulting in his lower leg being amputated, has received a substantial compensation settlement. The man, who was in his sixties, was helping to move poultry into a freezer. His leg was caught by a...
HM Revenue and Customs (HMRC) have announced that more than 11.5 million taxpayers filed self-assessment tax returns for the 2023/24 tax year by the deadline of 31 January 2025. HMRC had received 11,509,810 returns by the deadline, down slightly from...
The Employment Appeal Tribunal (EAT) has upheld an appeal against a decision of the Employment Tribunal (ET) that a bus driver was unfairly dismissed, finding that the ET had erred in substituting its own view for that of the employer ( Metroline Travel Ltd...
It is a general rule that payments in the nature of penalties may not be deducted for the purpose of calculating taxable profits. The Court of Appeal recently considered whether the rule prevented payments made to consumers and consumer organisations in...
Following extensive discussions with LGBT veterans, the government has launched the LGBT Financial Recognition Scheme to compensate those who were impacted by the ban on LGBT personnel serving in the Armed Forces, which was in place between 1967 and 2000. ...
In an unusual case, the High Court has ruled that a will a man had written on two pieces of cardboard should be admitted to probate. The will, which the man had made the day before his tragic death by suicide, left his house and most of its contents to a...
A man has secured compensation after a delay in receiving test results showing that he had tuberculosis. The man had visited a GP as he was experiencing excessive sweating. He returned to the GP surgery soon afterwards and a blood test was carried out, but...
The Upper Tribunal (UT) has upheld a decision to appoint a manager of a block of student flats under Section 24 of the Landlord and Tenant Act 1987 . The landlord of the block had let the flats to investment purchasers on long leases. A number of the...
The High Court has granted a man's application for a declaration that it was lawful for him to use an embryo created using his sperm and his late wife's eggs in treatment with a surrogate, despite his wife not having given written consent. The embryo had...
A man who used vibrating tools extensively in his work has secured compensation from his employer after he developed carpal tunnel syndrome. The man worked as a plater and fabrication fitter. He had initially been a self-employed contractor but subsequently...
The government has confirmed that, subject to Parliamentary approval of the regulations implementing the change, parents with babies in neonatal care will be entitled to Neonatal Care Leave from 6 April 2025. Neonatal Care Leave will apply to parents of...
The courts can assist homeowners whose properties are at risk of damage because of activities on nearby land. Recently, the High Court upheld an injunction requiring the operators of a hotel to reduce a build-up of earth on their side of a wall between it...
A professional motorbike racer who hit his head on a safety barrier after his motorbike left the track is set to receive compensation for the injuries he suffered. The 41-year-old rider was participating in a test day, which gives riders and their teams an...
In a decision it described as 'finely balanced', the Court of Protection recently ruled on whether it was in a woman's best interests to remain in her current placement in England or move to a new placement in Scotland, where she had previously lived and...
The Intellectual Property Enterprise Court has refused applications to strike out two claims of breach of contract, or alternatively for summary judgment on the claims, concluding in each case that the claim must go to trial . The claims involved two...
A six-figure compensation settlement has been secured for a student who was seriously injured when his motorbike was hit by a car. The accident happened when the car suddenly pulled out of a side road into his path. He was unable to avoid hitting it and was...
