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£5 Million Damages for Girl Who Lost Leg After Being Hit by Car

A girl who was hit by a car as she was starting her paper round has achieved a settlement for the life-changing injuries she suffered. The girl was just 14 when the accident happened. Her mother had dropped her off at a local shop to collect the newspapers....

Family Court Rules on Meaning of Pre-Nuptial Agreement

A pre-nuptial agreement (PNA) will be taken into account when a couple divorces, as long as it has been freely entered into and it is fair to hold the parties to it. Recently, the Family Court was called upon to decide how the terms of a PNA affected the...

ICO Reprimands Electoral Commission Over Cyber Attack

The Information Commissioner's Office (ICO) has issued a reprimand to the Electoral Commission after hackers gained access to the information on the Electoral Register. Hackers gained access to the Electoral Commission's server in August 2021 by...

Government Payment Schemes for Mesothelioma

Symptoms of mesothelioma tend to appear several decades after exposure to asbestos, by which time it may be impossible to trace the employer responsible for the exposure or its insurer. However, there are two government schemes that allow sufferers to claim...

Appeal by Taxpayer Who Relied On Accountant Refused

Individual taxpayers often rely on advisors to handle their tax affairs, but it is wise to make sure they are doing everything that needs to be done. In a recent case, a man whose accountant failed to file tax returns on his behalf was refused permission to...

EAT Overturns Indirect Disability Discrimination Finding

Employment Tribunals (ETs) have a duty to give sufficient reasons for their decisions so that the parties to a claim can understand why they won or lost. In a recent case, the Employment Appeal Tribunal (EAT) overturned a finding of indirect disability...

Foundry Worker Receives £2,000 for Burn Injury

When accidents at work lead to injuries which are relatively minor and heal within a short time, compensation may still be warranted. This point was illustrated by the case of a foundry worker who suffered a burn to his hand. He accident happened when he...

Prospective Tenant Loses Deposit After Failed Credit Check

When prospective tenants are asked to pay a holding deposit, they should ensure that they disclose any information that might affect a landlord's decision whether to offer them a tenancy. Recently, the First-tier Tribunal (FTT) dealt with an application for...

£60,000 Damages for Negligently Performed Mastectomy

A woman who suffered complications after undergoing a mastectomy has achieved a settlement of her claim against the NHS trust that employed the surgeon who operated on her. She was diagnosed with breast cancer and a mastectomy was recommended. She...

UT Upholds Rejection of Late IR35 Appeal

Disagreements with HM Revenue and Customs (HMRC) can be complicated and protracted, but it is vital to comply with deadlines at every stage of the process. In a recent case, a limited liability partnership (LLP) failed to convince the Upper Tribunal (UT)...

Declaration of Parentage Granted Despite Missing Consent Forms

Unmarried couples who hope to have children together via fertility treatment must comply with a number of requirements in order for both partners to be legally recognised as parents, but if a mistake is made in the documentation, the courts can often assist....

High Court Rules on Liability for Four-Car Accident

Determining responsibility for road traffic accidents can sometimes be complex. In ruling on two personal injury claims arising from an accident involving four cars, the High Court had to consider where liability for the accident lay. As a Volkswagen was...

Landlord Served With Improvement Notice Wins Appeal

Can a local housing authority serve an improvement notice under Section 12 of the Housing Act 2004 in respect of a hazard that may or may not exist? This question was raised in a landlord's recent appeal to the Upper Tribunal (UT). The landlord had been...

Businessman's Final Will Ruled Invalid

The High Court has ruled that a businessman's final will, which left most of his estate to his two youngest children and largely disinherited his two eldest children, was invalid. The businessman had been diagnosed with a brain tumour in 2010. Before making...

Locum Consultant Not Entitled to Permanent Contract

Under Regulation 8 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 , employees who have worked continuously for four years or more under a series of fixed-term contracts automatically become permanent employees unless...

Forest Body Fined After Couple Injured by Falling Tree

A body responsible for managing a forest has been prosecuted by the Health and Safety Executive (HSE) after a husband and wife were struck by a tree that was being felled. The couple were walking their dog along a deer track in the forest. As the tree was...

Company Recovers Domain Name from Web Developer

If a business discovers that someone else has registered a UK domain name which is similar to its own name or trading style, it can make a complaint to Nominet UK through its Dispute Resolution Service (DRS). Recently, a DRS complaint made by an...

Property Purchaser Wins SDLT Relief Appeal

A man recently succeeded in his argument that a property he had purchased consisted of two separate dwellings and therefore qualified for Multiple Dwellings Relief (MDR) from Stamp Duty Land Tax (SDLT). Although MDR was abolished earlier this year, it can...

Life-Sustaining Treatment Not in Disabled Boy's Best Interests

In cases of serious injury or disability, judges may be called upon to make difficult decisions about whether it is in the patient's best interests to continue life-sustaining treatment. A tragic High Court case concerning a severely disabled four-year-old...

£270,000 Damages for Factory Worker Injured in Fall

A man who suffered permanent injury to his shoulder when he fell through an opening in a mezzanine floor has obtained damages from his employer. The man had been cleaning the booth of a crushing machine, used to loosen large amounts of waste material, and...

Manager Who Overpaid Himself Breached Fiduciary Duties

In a decision that will serve as both a relief and a warning to companies with trusted key employees, the High Court has ruled that a manager who made unauthorised payments to himself from his employer's bank account over an eight-year period was liable to...

Wife's Needs Must Be Met Despite Pre-Marital Agreement

When couples divorce, the courts will take pre-marital agreements (PMAs) into account but will also consider the needs of each spouse. This principle was demonstrated recently in financial remedy proceedings before the Family Court. The couple had signed...

Woman Awarded Nearly £200,000 for Unjustified Surgery

Medical negligence claims can be complex and expert legal representation is essential to ensure a just outcome. In a recent case, the High Court awarded damages of nearly £200,000 to a woman who experienced life-changing overactive bladder symptoms...

Seriously Injured Motorcyclist Secures Judgment

A motorcyclist who suffered life-changing injuries when he collided with a car has succeeded in his claim of liability against the car's driver. The motorcyclist, then aged 55, collided with the back of the car, which also struck a car in front of it. There...

Advice on Business Sale Not Tax Deductible, Supreme Court Rules

The Supreme Court has dismissed an appeal by an investment holding company in respect of whether professional fees in connection with selling a business could be deducted from its profits for Corporation Tax purposes. The company was part of a corporate...

Woman and Ex-Husband Must Repay Funds Missing from Mother's Estate

A woman and her ex-husband who allegedly lost substantial funds belonging to the woman's mother have been ordered by a judge to pay back the missing money. After the mother died in 2019, at the age of 86, the woman's sister brought proceedings in an effort...

£300,000 for Crane Operator Who Suffered Serious Arm Injuries

A crane operator who was severely injured in a workplace accident has reached a settlement with his employer. The man was de-rigging a crane when its head hit his right elbow. He sustained severe fractures and nerve damage, and had to have metal plates...

Tenant Succeeds in Reducing Insurance Costs

Tenants who feel that they are being overcharged for services in connection with their properties are able to challenge the reasonableness of their charges. The First-tier Tribunal (FTT) recently reduced the amount a tenant was required to pay for insurance...

Poultry Workers Not Entitled to NMW for Travel to Farms

The Employment Appeal Tribunal (EAT) has ruled that poultry workers were not 'working' while travelling from their homes to farms where they carried out their duties and back again, and were not entitled to be paid the National Minimum Wage (NMW) for the...

£3.5 Million Settlement for Missed Neurological Disease

A woman who was left with life-changing disabilities after medical staff missed several opportunities to diagnose a serious neurological condition has secured substantial damages. She was admitted to hospital in 2015. A stroke was suspected and she...

FCA Secures Order Against Unauthorised Mortgage Broker

An unauthorised mortgage broker and its associates who exploited vulnerable consumers have been ordered by the High Court to pay £4 million to the Financial Conduct Authority (FCA) . The order was obtained against a company that arranged mortgages...

RTM Company Cannot Recover Legal Fees from Tenant

When incurring costs in respect of a property, landlords should consider at an early stage whether these will be recoverable through the tenants' service charges. A right to manage (RTM) company recently failed to persuade the Upper Tribunal (UT) that legal...

Court of Appeal Overturns Finding of Inflicted Injury

The Court of Appeal has overturned a Family Court decision that tibia fractures sustained by a 10-month-old girl had been inflicted deliberately or recklessly by one of her parents. The parents were in a long-standing, stable relationship. The girl had...

Woman Hit by Motorbike Secures Damages for Psychological Injuries

Settlements in personal injury claims can include amounts for psychological as well as physical injuries, as demonstrated by a case in which a pedestrian obtained significant damages after she was hit by a motorbike. The accident happened on a busy street....

Trade Mark Registration Breached Fiduciary Duty

A financial services company has succeeded in its appeal against a High Court ruling that it was not entitled to claim ownership of a trade mark registered by an LLP carrying out business on its behalf. The LLP was set up in 2007 as part of the...

High Court Approves Hearing Loss Settlement for Veterans

A ground-breaking agreement with the Ministry of Defence (MoD) involving former armed forces personnel who suffer from noise-induced hearing loss has been approved by the High Court. The MoD has accepted that it owed a duty of care to veterans, and that...

Will Made Following 'Predatory' Marriage Set Aside

The will of a man who married his carer less than a year before he died and left everything to her has been set aside after his daughter challenged its validity. The man was 93 years old when he married his carer, who was then aged 54. Following the...

Decision-Maker's Knowledge is Key in Whistleblowing Claim

Where an employee who has made a protected disclosure is dismissed, can the dismissal be unfair if the decision-maker is merely aware that the employee has made a disclosure, or is some understanding of the details of the disclosure required? That question...

Railway Signalman Secures Damages for Walkway Trip

A railway signalman who was injured when he tripped over debris on an unlit walkway has secured compensation. He was taken to A&E after the accident. X-rays showed that he had fractured his finger and he was fitted with a splint. He was unable to work...

Pilot Illness Not Extraordinary Circumstance, Supreme Court Rules

Under Article 5(3) of Regulation (EC) 261/2004 (Regulation 261), an airline is not obliged to pay compensation where flights are delayed or cancelled due to 'extraordinary circumstances' which could not have been avoided even if all reasonable measures had...

TV Presenter's IR35 Appeal Remitted to FTT

In a case that illustrated the complexities of IR35 (also known as the intermediaries legislation), the Upper Tribunal (UT) has remitted the question of whether a TV and radio presenter provided his services as an employee for reconsideration by the...

Bowel Surgery Injuries Claim Settled for £135,000

A man who was left with lifelong injuries after undergoing bowel surgery has achieved a settlement of his claim against the NHS trust responsible for his care. After initially undergoing surgery to remove a polyp, he experienced frequent bowel movements...

Sign Prevents Acquisition of Right of Way

The Upper Tribunal (UT) recently ruled on an appeal against a decision of the First-tier Tribunal (FTT) that a sign saying there was no public right of way over a staircase did not prevent a private right of way being acquired over it. The staircase had...

Director Banned for Breaching COVID Loan Rules

A man has been banned from acting as a company director for 10 years after breaching the rules of a scheme designed to support businesses during the COVID-19 pandemic. The man, who was the sole director of a construction company, applied in 2020 for a...

Provisional Compensation Secured for Asbestos Exposure

Asbestos-related illnesses commonly develop many years after the exposure that caused them. In a case that illustrates how this can be reflected in settlements of claims, a man who developed symptoms related to asbestos secured provisional damages, reserving...

No Reasonable Excuse for Taxpayer's Late Appeal

Taxpayers would be well advised to give prompt attention to any correspondence they receive from HM Revenue and Customs (HMRC). In a recent case, a man who appealed tax assessments and penalties several months late failed to convince the First-tier Tribunal...

Proposed Changes to Employment Law Outlined

As part of the legislative programme set out in the King's Speech, the government has outlined changes to be included in the Employment Rights Bill, which is set to be introduced within the first 100 days of the new parliament. Proposed changes include: ...

Three-Year Review of Whiplash Tariff Awaited

On 22 May, the then Lord Chancellor, Alex Chalk, announced that he had completed his statutory review of the Whiplash Injury Regulations 2021 , following a call for evidence earlier this year. However, publication of the review was delayed as a result of...

Financial Order Set Aside Due to Husband's Bankruptcy

The High Court has ruled that a financial remedies order requiring a husband to transfer his half share of the former matrimonial home to his wife could not stand because he had been made bankrupt by the time it was made. The couple had separated in 2017,...

Application to Modify Restrictive Covenant Succeeds

The Upper Tribunal (UT) has granted a social housing provider's application to modify a restrictive covenant so as to allow it to proceed with a residential property development. The relevant land was sold in 1975 subject to a conveyance limiting its use...

Judgment Secured in Fatal Workplace Accident Case

A protracted legal battle has led to judgment being obtained in the case of a man who was fatally injured while working on a building site. The man died when he was hit by pieces of metal scaffolding that fell from a crane after a strap holding them...

High Court Ruling in Will Forgery Case

An allegation that a will is a forgery can be hard to prove. However, such an allegation was successfully made out in a High Court case concerning an elderly man who died during the COVID-19 pandemic. The man had passed away in February 2021. A firm of...

ICO Statistics on Data Security Incidents

The Information Commissioner's Office (ICO) has updated its statistics on data security incidents to include the first quarter of 2024. There were 2,970 incidents reported to the ICO in Q1 2024, an increase of 21 per cent from the same quarter in 2023. The...

Father-to-be's Cardiac Death Was Likely Avoidable

A 40-year-old man who died of a sudden cardiac arrest on the day his daughter was born might have lived if doctors had not missed signs of a heart defect, a coroner has concluded. The man had been suffering from a gastrointestinal illness and had attended...

HMRC's Appeal Against Closure Notice Orders Rejected

Under Section 28A(4) of the Taxes Management Act 1970 , taxpayers whose returns are under enquiry may apply for a direction requiring HM Revenue and Customs (HMRC) to issue a closure notice. It is for HMRC to show that there are reasonable grounds for...

Employer Did Not Have Constructive Knowledge of Disability

Under Section 15(2) of the Equality Act 2010 , an employer has a defence to a claim of disability discrimination if it can show that it did not know, and could not reasonably have been expected to know, that the claimant had the disability in question. The...

Injured HGV Driver Wins Seven-Year Compensation Battle

Cases involving life-changing injuries can be very complex and arriving at a fair settlement can take time. However, it may be possible to secure interim payments while the case is ongoing. Recently, a seven-year legal battle culminated in substantial...

Court Refuses to Order Girl's Return to Lithuania

When making decisions about where and with whom a child should live, the courts will prioritise the welfare of the child and will take the child's own views into consideration where appropriate. In a recent case, the High Court rejected a father's...

Court Orders Correction of Errors in Partnership Accounts

The passage of time does not necessarily prevent partners from revisiting partnership accounts that they believe are inaccurate. The High Court demonstrated the point in directing that a number of errors in a family partnership's accounts be corrected. In...

Army Veteran Secures £40,000 for Hearing Loss

A man has received a £40,000 settlement for hearing damage he suffered during 27 years of service in the British Army. The man served at various barracks in the UK and was deployed to a number of countries. He also carried out and instructed on...

Ruling That LPAs Not Valid Upheld

Lasting powers of attorney (LPAs) allow you to appoint someone else to make decisions in respect of your property and financial affairs, and/or your health and welfare, in the event that you lose the capacity to do so yourself. However, an LPA must comply...

Landlord Granted Dispensation from Consultation Requirements

Under Section 20 of the Landlord and Tenant Act 1985 , landlords must consult with leaseholders before carrying out works on a building that will cost any one leaseholder more than £250, or risk being unable to recover any costs above that amount....

Woman Wins Damages After Dentist Missed Gum Disease

A woman who needed specialist treatment after her dentist failed to spot signs of gum disease for a number of years has secured £40,000 in damages. The woman had attended regular check-ups but her dentist gave her no indication that anything was...

RTM Company Bound by Terms of Existing Lease

The Right to Manage (RTM) is a method by which leasehold property owners can take over the management of the building they live in. However, an RTM company is bound by the terms of leases that existed before it was set up, as demonstrated by a recent case ...

HGV Driver's Resignation Defeats Unfair Dismissal Claim

An HGV driver's unfair dismissal claim has been rejected after the Employment Tribunal (ET) found that his employment contract had already been brought to an end by his resignation ( White v Eddis Transport (Consett) Ltd ). After he was observed to have...

Rugby Player's Opponent Liable for Injury Caused by Collision

A rugby player has succeeded in his claim before the High Court that an opponent who collided with him during a match was liable for the severe injury he sustained. The man was participating in an amateur Rugby Union match. As the second half began, an...

High Court Rules on Costs of Will Dispute

Those responsible for administering an estate are generally entitled to recover the costs properly incurred in doing so from the estate. Recently, the High Court ruled on whether costs concerning a dispute over a will and an application to remove the...

Directors Not Personally Liable for Trade Mark Infringement

In a recent intellectual property case with wider implications in terms of directors' liability , the Supreme Court ruled that two directors of a wholesaler of clothing, footwear and headgear that infringed another clothing business's trade marks were not...

Court of Appeal Reduces Wife's Award in Big Money Divorce

A recent decision of the Court of Appeal in a big money divorce case clarified how the sharing principle should be applied and when assets are subject to it. The couple had married in 2005. The husband had had a successful career in financial services...

£21,000 for Woman Who Tripped on Debris Left by Crash

An elderly woman who tripped on debris from her garden wall after a motorist crashed into it has received compensation for the injuries she suffered. After the vehicle collided with the wall, the woman, who had heard the crash, went outside to see what had...
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