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Clandestine Rendezvous Leads to Unfair Constructive Dismissal Finding

Openness and transparency are key to promoting a healthy working environment. An Employment Tribunal (ET) made that point in taking a very dim view of a clandestine rendezvous between a salesman and his line manager in a shopping centre car park ( ...

What Standard of Care is Expected of Professional Footballers? Test Case

Football is a fast-moving contact sport involving inevitable risk of injury and, if judges were to impose impossibly high standards of care on players, that would be the end of the sport. The High Court powerfully made that point in subjecting an allegedly...

Lending Money? It Pays to Invest in a Professionally Drafted Agreement

When lending money to friends, acquaintances or anyone else, the terms on which sums are advanced may be entirely clear to you in your own mind. However, as a High Court ruling showed , the absence of a professionally drafted loan agreement is a positive...

Judge Refuses to Order Disabled Boy and Parents to Undergo Genetic Testing

Anyone who claims damages for alleged clinical negligence should understand that they may be required to undergo medical investigations. As a guideline High Court ruling showed, however, that does not mean they have to submit to tests that may have limited...

Performance of Employment Contract 'Tainted by Illegality' - Cautionary Tale

There is nothing wrong with an employee being paid in a tax-efficient manner. As an Employment Tribunal (ET) ruling showed, however, where such arrangements stray into the realms of unlawful evasion the consequences are likely to be severe. The case...

Selling Your Business? The Structure of the Transaction Really Matters

When selling your business, the structure of the transaction matters enormously and should always be the subject of professional advice. In a case on point, two women who sold their company for a seven-figure sum ended up with Capital Gains Tax (CGT) demands...

Design Rights - Inspiration is One Thing But Deliberate Copying Quite Another

Every fashion industry professional knows that innovative designs tend to spawn imitation. However, as a High Court ruling showed , there is a great difference between acceptable inspiration and illegitimate copying. The case concerned a company that sold...

Accident Victim Plunged Into Apathy Receives Millions in Recompense

Accident victims' injuries can be subtle and not apparent to the casual observer but that does not make them any less devastating. In one case, a young man who sank into a life of apathy due to catastrophic head injuries sustained in a road collision...

Family Judge Heeds Teenage Foster Child's Wish to Change His Surname

Children do not, as a matter of law, have capacity to make important decisions for themselves – but that does not mean that their wishes and feelings are irrelevant. In an unusual case on point, the High Court gave effect to a teenage foster child's...

'Hope Value' Boosts Compulsory Purchase Compensation Award

The likelihood of planning consent being granted in respect of a plot of land can be a crucial determining factor when assessing its value. As an Upper Tribunal (UT) ruling showed , the existence or otherwise of such so-called 'hope value' is often the...

Inheritance - Daughter's Lies Trigger Rare Finding of Fraudulent Calumny

Sick and vulnerable people can be prone to the malign, even fraudulent, influence of relatives or others who are intent on maximising their inheritance. However, as a High Court case showed , such conduct is unlikely to go undetected. The case concerned a...

Triple Killer Not Guilty by Reason of Insanity Can Claim Compensation

The fundamental principle of law that no one should be permitted to profit from their own wrongdoing is very easy to state but can be far more challenging to apply in practice. That was certainly so in a unique High Court case concerning a man who was in the...

Railway Infrastructure Company Pays Price for Infringing Competition Law

If you have suffered financial loss due to another's breach of competition law, expert lawyers will see to it that you are fairly compensated. In a case on point, a provider of supplier assurance schemes that was for years kept out of the railway...

What is an 'Annoyance'? High Court Defines the Correct Legal Test

Restrictive covenants that forbid property owners from causing annoyance, nuisance or disturbance to their neighbours commonly appear in title deeds – but how are they to be interpreted? In the context of a dispute between residents of a housing...

Harassment - The English Language Evolves and So Must the Workplace

The English language is constantly evolving and words that might once have been considered harmless are now regarded as racist, homophobic and sexist slurs. An Employment Tribunal (ET) powerfully made that point in condemning a manager's persistent...

Sharia Law Compliant Settlement of Birth Injury Claim Achieved

A Sharia law compliant seven-figure settlement has been achieved for an eight-year-old girl who suffered a brain injury at birth. The girl is part of an observant Muslim family and advice was taken from an Islamic financial expert in reaching an outcome...

Trade Union Targeted by Social Media Campaign Awarded £50,000 Damages

No matter how strongly you may feel, you should pause for thought before venting your spleen on social media. As a High Court ruling showed, expressions of regret after the mouse has been clicked may not be enough to save you from the crushing legal...

Double Taxation Treaties - Wealthy South African Relieved of £10 Million Bill

Rich individuals often have their feet firmly planted in more than one country and that can give rise to disputes as to where they should be taxed. In a guideline case, the First-tier Tribunal (FTT) considered the position of an extremely wealthy man with...

Help for Road Accident Victim Left All Alone in the World

Some of the most seriously injured accident victims have no close family or friends to look after them and are essentially alone in the world. However, as a High Court case showed, that in no way deters personal injury lawyers from battling for justice on...

What is a 'Controversial' Planning Application? High Court Gives Guidance

If you object to a planning application, you are perfectly entitled to encourage others to join you in voicing opposition. However, as a High Court ruling showed , the fact that objections may, in effect, come from a single source is relevant to the...

Family Judge Labours to Achieve Fairness Between Debt-Laden Divorcees

So-called 'big money' divorces may grab the headlines, but lower-value disputes can often be the hardest to resolve. In a case on point, a family judge laboured to meet the reasonable needs of a divorcing couple whose debts far exceeded their modest...

Negligent Surgery Victim Receives Damages Worth Over £13 Million

Lawyers and judges never cease to be inspired by the way in which so many clinical negligence victims soldier on in the face of adversity. That was certainly so in the case of a determined young man who received eight-figure damages after a series of medical...

Make a Will and Appoint a Professional Executor - Two Ways to Avoid Conflict

There is ultimately only so much that you can do to prevent your loved ones falling out over inheritance issues after you are gone. However, as a High Court decision showed, the threat of bad blood developing can be greatly reduced by making an expertly...

Man Who Fell Through Pub Roof Skylight Receives £250,000 Award

Some personal injury claims pose a much greater challenge than others but, even in the toughest cases, specialist lawyers can achieve life-changing results. That was certainly so in the case of a young man who suffered catastrophic injuries when he fell...

COVID-19 Pandemic Has Brought Employment Status Disputes to a Head

Strains on the labour market caused by the COVID-19 pandemic have resulted in a great many latent disputes concerning employment status coming to a head. That was certainly so in the case of a woman who, despite her lynchpin role in an events and...