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Award That Requires Borrowing Made Into Court Order

Disagreements between separating couples all too often result in litigation that substantially reduces the assets available to them, as was illustrated by a case that recently reached the High Court. At issue was whether awards made by arbitrators in...

Young Man Who Jumped Onto Railway Tracks Can Pursue Claim

To succeed in a personal injury claim in court, it is necessary to show both that the other party was negligent and that the negligence was the cause of injury. In a recent case, the High Court was called upon to decide whether a young man who jumped from...

Inheritance Disputes - Costs Risks Can Be Reduced

Arguments about what someone promised before their death can lead to significant legal costs. However, if faced with a claim against the estate, there may be steps the beneficiaries or executors can take to reduce the risks, as a recent High Court case...

Landlord Counts Cost of Obstructing Collective Enfranchisement

The Leasehold Reform, Housing and Urban Development Act 1993 gives leaseholders the right to buy the freehold of their properties in certain circumstances, a process known as collective enfranchisement. While landlords may not welcome leaseholders...

Share Rounding Error Does Not Prevent CGT Relief

There are often very specific rules that must be complied with in order to claim tax reliefs, but if a small mistake arises, the courts may be able to provide assistance. In a recent case, the First-tier Tribunal (FTT) found that an investor was entitled to...

Injured Worker Secures Damages After Five-Year Battle

When liability for a workplace accident is disputed, personal injury lawyers will fight hard to ensure that a fair settlement is reached. In a case on point, a substantial settlement of a man's personal injury claim was agreed following a five-year battle. ...

Equal Pay Claims - EAT Reconsiders Material Factor Defence

An employer will be able to defeat an equal pay claim under the Equality Act 2010 if it can show that the difference in pay is due to a 'material factor' other than the employee's sex. The Employment Appeal Tribunal (EAT) recently shed light on what is...

Wife Entitled to Maintenance Until Sale of Family Home

When divorcing couples disagree on how assets should be divided, the courts will seek to arrive at a fair outcome for both parties. In deciding how the proceeds of sale of a former couple's home should be apportioned, the Family Court agreed with the wife...

Woman's Neglect Claim Against Council Can Proceed

Anyone who has suffered serious neglect in childhood may be able to claim compensation if professionals failed in their duty to protect them. In a recent case, a woman succeeded in persuading the High Court that her claim against a local authority had a real...

Removal of Guttering Leads to Costly Court Battle

Disagreements between neighbours over where the boundary between their properties lies can ultimately lead to litigation costs far exceeding the value of the land in question. In a widely reported case, the removal of guttering that allegedly overhung a...

Breach of Warranty Claim Can Go to Trial

After a company has been purchased, any allegations that the seller is in breach of warranties given to the purchaser are likely to require careful determination. That point was illustrated recently when the High Court refused a businessman's application to...

Dock Worker Wins Settlement After Fall from Height

A man has secured a damages settlement after he fell from height on his first day working at a dry dock. The man and other workers at the dry dock had been asked to sandpaper and paint river cruise boats before they returned to service. Although the workers...

Retired Businessman's Final Will Ruled Invalid

Having your will drawn up professionally by a qualified solicitor is always a sensible precaution, especially in later life. In a recent case, the High Court ruled that a retired businessman lacked testamentary capacity when he made a will less than three...

Lidl Succeeds in Trade Mark Infringement Claim

The Court of Appeal has ruled on a dispute between supermarket giants Lidl and Tesco, upholding the decision of the High Court that signs used in a promotion run by Tesco amounted to trade mark infringement and passing off. In September 2020, Tesco began...

Company Owner's Negligible Value Claim Unsuccessful

When an asset falls in value to the point that it is almost worthless, it may be possible to make a negligible value claim under Section 24 of the Taxation of Chargeable Gains Act 1992 . The asset will then be treated as if it had been sold and immediately...

Substantial Damages for Woman Hit While Crossing Road

A woman who was hit by a speeding driver while crossing a road in a city centre has been awarded a seven-figure sum in damages. The vehicle was travelling at about 45 mph – 15 mph above the speed limit – when it struck her as she crossed at a...

Supreme Court Rules on Strike Action Protections

The Supreme Court has handed down its decision in a long-running case concerning whether protections against detriments short of dismissal for engaging in trade union activities are extensive enough to comply with the UK's obligations under the European...

GPs Not Liable for Woman's Death from Stroke

Medical staff often have to choose between different treatment options, which can lead to questions being raised about their decisions if something goes wrong. However, in the tragic case of a mother-of-two who died of a stroke at the age of 42, the High...

Wrong Address a Reasonable Excuse for Landlord

Landlords would be well advised to ensure all records regarding their properties are kept up to date. Recently, however, the Upper Tribunal (UT) agreed with a residential landlord that she had a reasonable excuse for failing to comply with an Improvement...

Court Sanctions Leg Amputation for Man Lacking Mental Capacity

The courts are often called upon to sanction treatment for patients whose ability to make decisions for themselves is impaired. In a recent case on point , the Court of Protection had to decide whether it was in the best interests of a man with mental...

Former Shipping Worker Wins Asbestos Damages

A man who developed mesothelioma years after he was exposed to asbestos while working for a shipping company has achieved a settlement of his compensation claim. The man's work involved removing asbestos sheets from boilers, generators and pipes. He also...

Former Group Company's Fees Subject to VAT

Supplies between companies in the same VAT group are disregarded for VAT purposes by virtue of Section 43(1)(a) of the Value Added Tax Act 1994 . A case that recently reached the Court of Appeal concerned whether this disregard applies if the supplying...

Boy Who Fell Off Quad Bike Entitled to Damages

People who are injured when riding in a vehicle driven by someone else may still be entitled to compensation even if they are partly at fault for their injuries. This was demonstrated in a recent High Court case involving a boy who was injured when he fell...

High Court Grants Parental Order Despite Previous Adoption

In law, adopted children are regarded as having been born to their adoptive parents. The Family Division of the High Court recently considered whether that fact precluded a parental order being granted under the Human Fertilisation and Embryology Act 2008...

New National Minimum Wage Rates

The National Minimum Wage (Amendment) Regulations 2024 came into force on 1 April and provided for the following changes to the National Living Wage (NLW) and the National Minimum Wage (NMW) rates: The NLW, which now applies to those aged 21 and over...