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Worker or Independent Contractor? European Court of Justice Guidance

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...

'Pay Now, Argue Later' - High Court Enforces Contract Adjudicator's Award

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...

Children of Heart Attack Victim Can Pursue 'Nervous Shock' Damages Claims

Anyone who witnesses a shocking event may suffer psychiatric injuries as a result – but should they be compensated if that event arises from negligence? The High Court confronted that burning issue in a ground-breaking case. The case concerned a...

High-Profile Homeowners Can Divert Footpath Away From Their Garden

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...

Worker Who Tripped Over No Entry Sign Awarded £35,000

Despite stringent health and safety rules, accidents at work remain a frequent occurrence and those who suffer injury should consult a solicitor without delay. In one case, a worker who tripped over a no entry sign, installed to deter employees from taking...

Part-Time Football Referees Are Self-Employed, Tax Tribunal Rules

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...

High Court Acts to Rescue Company After Sole Shareholder's Death

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...

Grandfather Run Down on Pelican Crossing Receives Six-Figure Damages

No amount of compensation can fully recompense those whose lives are ruined by dangerous drivers, but it can at least give them security for the future. In one case, a grandfather who was struck down on a pelican crossing after a motorist shot a red light...

Court Permits Wife Who Unlawfully Killed Her Husband to Inherit His Assets

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...

Flat Tenant Can Veto Potentially Destructive Works - Supreme Court Ruling

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...

Holidaymaker Who Tripped Over Sun Lounger Awarded Substantial Damages

Holidaymakers who suffer accidents abroad can face an uphill struggle to obtain just compensation, but specialist English lawyers are well equipped to rise to the challenge. In one case, a woman who was injured when she tripped over a sun lounger at a hotel...

Children's Wishes and Feelings Prevail in Bitter Paternity Dispute

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 ...

Harvey Weinstein Case Exposes Wrinkle in Employment Tribunal Rules

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...

COVID-19 - Are Remote Court Hearings Fair? Judge Tackles the Issue

Thanks to telephone conferencing and video link technology, delivery of civil justice has continued almost unabated during the COVID-19 pandemic – but are remote hearings fair? A judge considered that fundamental issue in ruling that a clinical...

Trusts Are Handy But Can Be Hazardous - Always Take Advice

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...

International Airline Fined £500,000 for Negligent Data Breach

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...

SDLT Relief Takes Immediate Effect in England and Northern Ireland

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...

Warehouse Torched By Rioters - Owner of Destroyed Stock Wins £5 Million

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...

Clinical Negligence Damages Awards Are No Bigger Than They Need to Be

Compensation awards in the most serious clinical negligence cases commonly run into millions, even tens of millions, of pounds. However, as the case of a teenager who was born to a life of acute disability due to a negligent delay in his delivery showed,...

Parking Fine Imposed on Private Landowner Triggers High Court Test Case

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...

Liquidators Succeed in Pursuit of Retail Chain's 'Disappeared' Assets

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...

Traumatised Road Pile-Up Victim Awarded Over £40,000

Psychiatric damage suffered by road accident victims can be just as serious, if not more so, than their physical injuries. In one case, a nurse who was traumatised for months following her involvement in a pile-up was awarded more than £40,000 in...

High Court Annuls Overseas Marriage After Ruling 'Wife' a Bigamist

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...

Disinherited Daughter's Bid for a Share of Her Father's Estate Rejected

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...

Little Boy Severely Injured By His Violent Father Secures Right to Damages

It is a sad fact that some children suffer violence and injury at the hands of their own parents. However, as was shown by the case of a little boy who was beaten almost to death by his father, specialist personal injury lawyers will bend every sinew to...