Latest News
The Family Division of the High Court recently refused an application for a 13-year-old girl's summary return to the USA , in a decision in which the girl's own objections to returning were a key consideration. The girl's American mother and British father...
A man who suffered serious injuries after he attempted to intervene in a fight between friends has obtained compensation. He was hit in the jaw and fell to the floor, losing consciousness. He suffered a broken nose, bruising to his face, and damage to four...
The Employment Appeal Tribunal (EAT) recently ruled that an Employment Tribunal (ET) claim brought nearly three months after the issuing of an early conciliation certificate was out of time, notwithstanding the fact that a second early conciliation...
Under Section 58A(6) of the Courts and Legal Services Act 1990 , a success fee payable as part of a contingent fee arrangement cannot be included in costs payable by the other party in litigation. The Supreme Court recently ruled on whether Section 58A(6)...
It is important for costs budgets in personal injury claims to be realistic and proportionate. This was emphasised in a High Court hearing in which a defendant successfully argued that the Court should depart from the usual principle that the unsuccessful...
The First-tier Tribunal (FTT) has found that work undertaken by a company to convert a warehouse into a car showroom qualified for Business Premises Renovation Allowance (BPRA), a 100 per cent tax allowance available between 2007 and 2017 on qualifying...
An inquest has concluded that a house fire which led to the deaths of an 86-year-old woman and her son was caused by an electrical fault in a tumble dryer. The inquest heard that they were likely to have been asleep when the fire broke out. They woke up but...
There is no general rule in First-tier Tribunal (FTT) proceedings that the unsuccessful party pays the successful party's costs. However, Rule 13(1)(b) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 allows the FTT to make an...
Sections 13 and 14 of the Housing Act 1988 provide a statutory scheme for landlords to increase the rent payable under an assured periodic tenancy by serving notice of the proposed increase on the tenant, who may then refer the proposal to the First-tier...
The Lord Chancellor's report on the statutory review of the Whiplash Injury Regulations 2021 has now been published and presented to Parliament. It was announced in May that the review had been completed, but publication was delayed until after the...
Under Section 11 of the Tribunals, Courts and Enforcement Act 2007 , an appeal to the Upper Tribunal (UT) against a decision of the First-tier Tribunal (FTT) can only be made on a point of law. This was illustrated by a recent decision in which the UT...
The Cyber Security and Resilience Bill, announced by the Government in the King's Speech, is to be introduced to Parliament this year. The UK's existing cyber security regulations, the Network and Information Systems Regulations 2018 , were inherited from...
When couples are divorcing, mediation is strongly recommended in order to reduce the time and expense involved in court proceedings. This was amply illustrated in a recent case in which the Family Court refused a husband's application to strike out an...
An accident that caused a worker to lose his leg has resulted in a £400,000 fine for a manufacturer of wood panels, following an investigation by the Health and Safety Executive (HSE). A pack of waste medium-density fibreboard (MDF) sheets, weighing...
Under Section 179(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 , a collective agreement is presumed not to be legally enforceable unless it contains a provision stating that the parties intend it to be so. However, terms in a...
In a case concerning whether a property in England fell within the scope of a bankruptcy order made in Russia, the Supreme Court has confirmed that, subject to certain exceptions provided for in legislation, interests in land and other immovable property...
A man who regularly used vibrating tools at work has obtained a compensation settlement for the injuries he suffered as a result. The man worked as a rigger for many years, during which time he was exposed to vibration from the tools he used. He later...
The son of a farmer whose final will disinherited him has succeeded in his proprietary estoppel claim and his claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 . For a claim of proprietary...
As announced in the Autumn Budget 2024, the van benefit charge and the car and van fuel benefit charges are to increase from 6 April 2025, in line with the Consumer Price Index. The van benefit charge applies where an employer provides an employee with a...
The Health and Safety Executive has published statistics on asbestos-related diseases in Great Britain for 2024 . There are currently more than 5,000 deaths a year attributable to asbestos-related diseases, including mesothelioma, lung cancer and...
The Court of Protection recently had to decide whether a pregnant woman had capacity to decide whether or not to undergo a planned Caesarean section and, if she did not, whether the procedure was in her best interests. The 37-year-old woman had been...
According to research carried out by the Financial Conduct Authority (FCA), cryptoasset ownership in the UK is rising, with 12 per cent of adults now owning cryptoassets. The average value of cryptoassets held by individuals is £1,842. Those who...
The Employment Appeal Tribunal (EAT) has found that an Employment Tribunal (ET) erred in law in its consideration of what was required for harassment to be 'related to' a protected characteristic, and also erred in its approach to a complaint of...
A woman who became pregnant despite having undergone a sterilisation procedure has secured damages from the NHS trust responsible for her treatment. After the woman attended hospital to discuss sterilisation, it was agreed that a sterilisation procedure...
When a child is born via a surrogacy arrangement, the legal parents are the surrogate mother and, if they have consented to the arrangement, her spouse or civil partner. The intended parents must apply for a parental order or adoption in order to become the...
The Upper Tribunal (UT) recently granted modification of a restrictive covenant to allow a house to be used as a children's care home . The house was on a small residential estate. All the houses on the estate were bound by covenants restricting their use...
A man who fell through the roof of a caravan on his first day working for his employer has received compensation for the injuries he suffered. The man had previously worked for another caravan manufacturer and had been used to walking on the roofs of...
The Information Commissioner's Office (ICO) has issued a reprimand to a local authority in respect of a breach of Article 5(1)(f) of the UK General Data Protection Regulation. The local authority had included a spreadsheet in its response to a Freedom of...
A man who successfully challenged his mother's final will is likely to recover the lion's share of his legal costs after the High Court ruled that his brother, who attempted to uphold the will's validity, should pay his costs on the indemnity basis . In...
A man who suffered life-changing injuries in a road traffic accident has obtained a seven-figure compensation settlement. The man was travelling in the front passenger seat of a car when it was involved in a head-on collision. He sustained serious injuries,...
Following a review conducted this year, the Lord Chancellor has announced that the Personal Injury Discount Rate (PIDR) in England and Wales will increase from -0.25 per cent to +0.5 per cent with effect from 11 January 2025. The PIDR is used in serious...
The Health and Safety Executive (HSE) has published its annual statistics on ill health and injuries in the workplace for the year 2023/24. The number of employees who reported suffering from work-related ill health was 1.7 million. This is broadly...
The Commonhold and Leasehold Reform Act 2002 gives leaseholders the right, under certain conditions, to take over the management of the building they live in. When attempting to exercise this right, however, it is vital to comply with the requirements set...
A company has succeeded in reducing VAT default surcharges of more than £9,000 after the First-tier Tribunal (FTT) found that HM Revenue and Customs (HMRC) had not demonstrated that a notice in respect of an earlier default surcharge had been...
A man who sustained damage to his hearing as a result of exposure to noise during his time in the Army has received a substantial settlement from the Ministry of Defence (MoD). The man, now 38, served in the Army from 2003 to 2010. Despite regularly being...
A deceased man's sister and executor has failed to convince the First-tier Tribunal (FTT) that no Inheritance Tax (IHT) was due on his share of a number of properties in Malta. The man and his siblings had inherited an interest in the properties from...
The Court of Appeal has upheld a man's argument that the financial remedy order made on his divorce should have been set aside because the wife had given inaccurate evidence about an important asset. The couple had met in Singapore, where the wife was...
The Upper Tribunal (UT) has upheld a challenge to a rent repayment order made against the landlord of a house in an area designated by the local authority as subject to additional licensing of houses in multiple occupation (HMOs). The landlord had let the...
A woman has secured compensation after a consultant failed to diagnose skin cancer at an early stage when it would have been more easily treatable. After experiencing skin problems, the woman had had regular check-ups for skin cancer for a number of years....
When disputes arise as to the validity of wills, the evidence of the deceased's solicitors can be crucial. In a recent High Court case concerning whether a woman had capacity to revoke her will , the Court attached considerable importance to the evidence of...
The widow of a man who died after sustaining a fall at work has successfully appealed against aspects of the trial judge's decision on how damages should be calculated. The man worked as a chef in a public house. While at work one evening, he tripped on a...
Under Section 111A(1) of the Employment Rights Act 1996 , evidence relating to pre-termination negotiations is inadmissible if an employee later brings a claim of unfair dismissal, subject to certain exceptions. The Employment Appeal Tribunal (EAT) recently...
The family of a man who died of mesothelioma have secured compensation after they were able to establish that he was exposed to asbestos in the workplace. The man had worked as an electrician and works planner at a hospital for nearly 40 years. He repaired...
Although Multiple Dwellings Relief (MDR) from Stamp Duty Land Tax (SDLT) was abolished earlier this year, it can be still claimed in respect of property transactions that completed before 1 June 2024, so cases dealing with its availability can be expected to...
Partners in a partnership would be well advised to keep comprehensive documentation at every stage in case disagreements arise in the future. In a recent case, whether or not a residential property was a partnership asset became the subject of extended court...
It can sometimes take time to establish the severity of a person's injuries so that a fair compensation settlement can be reached. In a case involving a woman who suffered an injury while on holiday, it was necessary to wait two years for a medical...
In a recent case involving an application to permit naso-gastric feeding of a 12-year-old girl, the High Court considered how to resolve an apparent conflict between the Code of Practice to the Mental Health Act 1983 and common-law authorities around...
If you believe that a competitor has made unfair use of your intellectual property, it is essential to obtain expert advice as soon as possible. Recently, a company that sold equestrian safety clothing failed in its High Court copyright infringement claim ...
Compensation has been obtained for the family of a 15-year-old boy who died after being hit by a drunk driver while he was cycling. The boy, described by his family as a beautiful, kind, thoughtful, funny and talented young man, was out cycling as his...
When a party fails to disclose assets in divorce proceedings, the courts are entitled to draw appropriate inferences from the non-disclosure. This was demonstrated in a recent case in which the Family Court described the husband's conduct of the...
The Equality and Human Rights Commission (ECHR) has published templates for employers to help them prevent sexual harassment in the workplace. The Equality Act 2010 defines sexual harassment as unwanted conduct of a sexual nature, which has the purpose...
A factory worker who badly injured his ankle when a faulty machine suddenly activated has secured compensation from his employer. The worker was supervising the operation of a concrete press machine. After hearing a noise, he went to investigate and saw...
HM Revenue and Customs (HMRC) have been unsuccessful in their appeal against a decision that a dividend received by a man in the 2016/17 tax year was paid for Income Tax (IT) purposes in that year, even though another shareholder had received the dividend in...
A telecoms provider has lost its appeal against a decision that, where customers were offered discounts for early payment, VAT was payable on the full amount charged if the discount was not accepted. Between 1 January and 30 April 2014, the telecoms...
A woman has secured compensation totalling £82,500 after undergoing a hysterectomy during which she sustained damage to an internal organ. The woman had suffered from painful menstrual bleeding for some years. Her GP referred her to a consultant...
A woman who was left just £1 when her stepfather passed away has failed in her challenge to the validity of his final will. The stepfather had formed a close friendship with a woman he had originally hired as a cleaner in 2011. They shared an interest...
Under Section 20ZA of the Landlord and Tenant Act 1985 , a tribunal may grant a landlord dispensation from the requirement to consult tenants about significant works if it finds it reasonable to do so. Recently, a landlord who carried out urgent repairs to...
Tenants who feel that excessive service charges are being demanded of them are not powerless and can challenge the reasonableness of their charges before the First-tier Tribunal (FTT). Recently, the tenants of two leasehold flats succeeded in achieving...
A motorcyclist who was seriously injured when a car pulled out in front of him has had his claim dismissed after the High Court found it to be fundamentally dishonest. The accident happened in 2018, when the man was 26 years old. He was riding his motorbike...
A woman has succeeded in her unfair dismissal claim after the behaviour of a director of the company she worked for led her to resign from her job ( Hanson v Interaction Recruitment Specialists Ltd ). The woman had worked for her employer, a recruitment...
When a couple who have entered into a civil union relocate to another country, legal advice is essential to deal with any issues that may arise. Recently, a couple who had moved to the UK from France and were subsequently advised to dissolve their French...
A man has secured compensation after an accident while he was working in a restaurant left him with permanent damage to his sight. The man, who was 26 years old when the accident happened, was responsible for checking stock levels. He was dusting a shelf in...
In a ruling which will have wide implications for providers of finance, the Court of Appeal has ruled that three purchasers of cars are entitled to be repaid the commission paid from the lenders to the dealers in respect of their car loans. The purchasers...
The courts are often called upon to decide whether continued treatment is in the best interests of patients. Recently, the Court of Protection rejected an NHS trust's application for a declaration that it was not in a man's best interests to have a new...
The government has announced the rates of the National Living Wage (NLW) and National Minimum Wage (NMW) which will take effect from 1 April 2025. The new rates are as follows: The NLW, which applies to those aged 21 and over, will increase from...
A report has been published in the medical journal BMJ on the first eight cases in the UK of silicosis due to artificial stone. Artificial stone is commonly used to fabricate kitchen and bathroom worktops. It is easier to work with and more resistant to...
Whether a taxpayer has a reasonable excuse for a failure to comply with their obligations depends on the circumstances in which the failure arose, including the taxpayer's experience and their situation at the time. Recently, a taxpayer obtained permission...
The Personal Injury Discount Rate (PIDR), which has recently increased in Scotland and Northern Ireland, is under review in England and Wales. The PIDR is used in serious personal injury cases where damages are paid as a lump sum but are intended to meet an...
If a business objects to the registration of a UK domain name by someone else, it can seek to have the domain name transferred to itself through Nominet UK's Dispute Resolution Service (DRS). A major supermarket chain recently succeeded in securing the...
In certain circumstances, a person who has unlawfully killed another is precluded from benefiting as a consequence of their death, a rule known as the forfeiture rule and defined in Section 1(1) of the Forfeiture Act 1982 . However, Section 2 of the Act...
