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Parents obviously bear responsibility for the safety of their children, but that does not mean that they have to be wrapped in cotton wool. A judge resoundingly made that point in rejecting claims that a mother was partially responsible for catastrophic...
It is no real surprise that insurers are often not wildly enthusiastic about paying claims and will deny liability when they are able to do so. One condition which is normally present in a policy application is that the insured discloses any past criminal...
Following the Grenfell disaster in 2017, cladding has come under close scrutiny with surveys being carried out as a priority in buildings across the UK. The failure to comply with Building Regulations (Part L1A 2010), which provides a framework for ensuring...
It is only right that those who make commercial use of others' creative ideas without permission should be hit hard in the pocket. Exactly that happened in a High Court case in which a greetings cards company was found to have serially infringed copyright...
Relationships that start on the Internet are already leading to some interesting situations. A recent family case involved a British woman who had met a Pakistani man online and married him in the USA, where the couple had two children. Her husband had...
The first step in proving negligence is to establish that a duty of care is owed, and that can be no easy matter. However, in an important decision, the High Court has ruled that a police force owed such a duty to a suicidal woman who died from an overdose...
It is an implied term of any contract of employment that an employer should not act in a way that is likely to destroy or seriously damage the trust and confidence which an employee can expect from them. A serious breach of an implied contractual term or...
People frequently suffer injury principally as a result of their own carelessness. As a High Court case strikingly showed, however, that does not mean they cannot win compensation where the injury they suffered was partly because of the negligent action of...
Taxpayers are personally responsible for filing their tax returns on time, and failing to do so can lead to stiff financial penalties. However, in one case, the First-tier Tribunal (FTT) ruled that a self-employed website developer whose accountants lost all...
Business owners that fail to take legal advice and occupy premises on an uncertain basis are always at risk. In a High Court case exactly on point , a business college found itself locked out of its office block and embroiled in a costly dispute with the...
Money in a bank account represents the debt due from the bank to the account holder and is not 'property' in the eyes of the law. The Court of Appeal made that point in quashing the convictions of a woman who was accused of abusing her position as a senior...
If your child is born disabled, taking legal advice is very often the only way to find out for sure whether medical negligence is to blame. The point was made by a High Court case in which a teenage girl won the right to multi-million-pound compensation. ...
Every UK company is required to identify the people who are 'persons with significant control' (PSCs). Essentially, PSCs are the people who own or have significant control over the company. Their details must be lodged with Companies House. Surprisingly,...
The additional rate of Stamp Duty Land Tax (SDLT) is payable on purchases of 'additional dwellings' such as buy-to-let properties. A recent case dealt with the SDLT implications of the 2015 purchase of a house which the purchaser (a company) intended to...
When a will is made late in life which materially changes how an estate is to be distributed (especially when the new will favours one of a number of children), a dispute following the death is almost inevitable. So it was when an 85-year-old woman made a...
Almost every job involves at least some risk and, if you are injured at work, specialist lawyers should always be your first port of call. In one unusual case, an airline steward who suffered grave consequences after being bitten by a venomous insect during...
Family judges will approach pre-nuptial agreements with greater respect following a landmark Court of Appeal ruling in a 'big money' divorce case . The Court agreed with Lord Phillips' opinion in Radmacher v Granatino that failing to honour such...
Contrary to popular belief, except in certain sectors (e.g. education and financial services), employers are not legally obliged to provide those who leave their employment with a reference unless they have given express agreement to do so. Where a reference...
Whilst most slips and trips are minor, the consequences are not always short-lived, as was evidenced by a woman who suffered a painful fall as she entered a lift. The floor inside the lift had recently been washed by a firm employed to clean the building,...
It is a common term in a lease for the tenants to have to seek permission from the landlord if they want to do something new to or with the premises they let. Typically, such clauses specify that permission will not be 'unreasonably withheld'. However, what...
Obtaining planning permission is often a tricky process and the delight in getting permission can be tempered by the local council adding a 'pre-commencement' condition specifying something that must be done. The result is a planning permission granted but...
There are special rules for people working in the UK on short-term secondment from employers based abroad. Many do not become taxpayers under the UK tax system. When one such person contacted HM Revenue and Customs (HMRC) to clarify his position, he was...
A high-speed crash in Edinburgh between a car and a lorry left the driver of the car dead and his passenger severely injured. It later emerged that the car driver had been smoking cannabis prior to the accident. The woman passenger suffered a cardiac...
The Supreme Court has decided a case which will be of significance to anyone who is used to making oral variations to contracts. The dispute involved a firm that had a licence to occupy office space provided by another company. The contract term was 12...
Hospital delivery rooms can sadly be scenes of tragedy as well as joy, and that was certainly so in one case in which a new mother was given the option of her baby girl's life support being switched off when it became clear that she would face a lifetime of...
