Latest News
Those who claim compensation following an accident must be prepared to have their evidence robustly challenged in court. A case on point concerned a man who was struck on the back by a heavy scaffolding pole at work. The welder and fabricator was bent over...
Commercial leases frequently stipulate that premises are to be handed back to the landlord 'with vacant possession' – but what exactly does that mean? The Court of Appeal pondered the issue in a case concerning an office block that was stripped back...
Even the most carefully drafted will can contain inadvertent clerical errors that leave room for doubt as to the document's true meaning. As a High Court ruling showed , however, judges happily have the power to correct such mistakes so as to ensure that...
An intransigent and dogmatic approach to divorce is an infallible way of making the process far more painful and costly. A man who insisted that his ex-wife's financial entitlements should be reduced to reflect the poor quality of their short, childless...
It is not uncommon for people to suffer psychiatric injury as a result of witnessing a shocking event caused by someone else's negligence. However, as a High Court ruling showed, the circumstances in which compensation will be awarded to so-called secondary...
The pressure put on many employment relationships by COVID-19 was illustrated by the case of a care worker who was sacked by her vulnerable charge's mother after she went to the pub in the very early stages of the pandemic ( Meynell v Stephenson ). The...
It often falls to judges to address the most dreadful consequences of the COVID-19 pandemic. That was certainly so in a case where the Court of Protection found that keeping a much-loved husband and father on life support would merely serve to prolong his...
Those whose childhoods have been blighted by sexual or physical abuse may decide to bury the past and suffer in silence. As one case showed, however, consulting a solicitor is the best way to achieve closure, fair compensation and a sense that perpetrators...
Commercial negotiations may proceed for many months and involve any number of meetings, messages and phone calls. However, as a High Court ruling showed , the question of whether a binding contract has been completed very often hinges on whether a signature...
Even in the absence of a formal lease, the existence of a tenancy can in some cases be inferred from an occupier's exclusive possession of premises and the payment of rent. The Upper Tribunal (UT) did just that in opening the way for a company to seek...
Chance does not discriminate and many fruitful lives are wrecked by road accidents. That was certainly so in a case where the autumn years of a distinguished academic were blighted by a brain injury suffered in a collision. A long-time magistrate, the man,...
Family relationships can be red in tooth and claw and appointing relatives, rather than a professional, as executors of your will can prove a costly mistake. That was certainly so in one case, where bitter litigation between siblings resulted in legal costs...
Many companies admirably soldier on through cash flow difficulties, but it is the mark of a competent director to know when to pull the plug. A businessman who left that decision far too late was banned for four years from being a director or otherwise...
When a child suffers disabling injuries, it is desperately sad for all concerned – but such tragedies can also bring out the best in human nature. In a case on point, a talented nine-year-old boy received millions of pounds in compensation from the NHS...
Any inaccuracy when filling in your tax return can have severe consequences, so it really does make sense to seek professional assistance. The point was powerfully made by the case of a financier who narrowly escaped a stiff financial penalty after failing...
When children suffer unexplained injuries, few would quarrel with social workers and medical professionals taking a precautionary approach. However, as a family judge's ruling showed , the cloud of suspicion that often hangs over parents in such cases is...
The vast majority of personal injury claims are entirely genuine, but there are sadly a few dishonest people who exaggerate their symptoms with a view to boosting the amount of their compensation. That was certainly so in the case of a man who claimed...
Thousands of businesses left struggling by the COVID-19 pandemic have had little choice but to shed staff. However, as an Employment Tribunal (ET) ruling showed, the legal requirement that redundancy exercises must be transparent and fair has remained in...
UK Border Force officers wield a battery of powers designed to combat smuggling – but they must not be exercised unreasonably. The First-tier Tribunal (FTT) made that point in coming to the aid of a woman whose family car was loaded with over 300...
If you feel that you have been let down by your professional advisers, you need to move fast and launch proceedings as quickly as possible. The potentially grave consequences of delay were illustrated by the case of a road accident victim who claimed that...
Family-run enterprises represent an enduring and highly effective business model – but only for so long as trust and affection between board members persists. In one case, discord between a father and son required High Court intervention to restore...
Construction workers often do not have formal employment contracts and, in a world where contractors and subcontractors proliferate, it can be hard to tell where legal responsibility lies in the event of an accident. That was certainly so in a High Court...
Before embarking on any form of property development it is absolutely vital to seek a lawyer's confirmation that you are entitled to proceed. The point was underlined by the case of a couple who knocked down their home and replaced it with a block of flats...
When christening a new business, it is vitally important to get a professional to check that the name you have chosen does not tread on anyone else's intellectual property rights. In one case, a bitter harvest was reaped by a jewellery designer who failed...
Commercial property owners are increasingly plagued by so-called 'urban explorers' who risk life and limb by scaling high-rise buildings for the entertainment of an online audience. As a High Court ruling showed , however, judges can take effective –...
