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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...
The High Court has approved a settlement worth almost £17 million in a tragic case involving a girl who suffered a brain injury during her birth. The girl was born in April 2019. Due to a number of clinical failures, she suffered fetal bradycardia,...
In a case concerning the employment status of part-time football referees , the Supreme Court recently concluded that the relationship between them and the company that provided their services demonstrated both sufficient mutuality of obligation and...
The Employment Rights Bill currently before Parliament will make it automatically unfair to dismiss an employee for refusing to agree to a variation of their contract. Recently, the Supreme Court considered this issue in a case involving a supermarket that...
An eight-figure settlement has been obtained for a boy who suffered life-changing brain damage after a lorry collided with the car he was travelling in. The boy was just 11 years old when the accident happened. As well as injuries to his face and chest, he...
When considering an application for the return of a child who has been removed from a country without a parent's consent, the courts' paramount concern will always be the best interests of the child. Recently, the High Court ruled that a young boy whose...
The High Court has rejected an application by a local planning authority (LPA) for permission for statutory review of a planning decision under Section 288 of the Town and Country Planning Act 1990 . A developer applied for permission in principle (PiP)...
A man who slipped on a wet floor during a fitness class has been awarded damages of £8,000. The man was taking part in a circuit training session at a leisure centre and was running a lap of the hall when he slipped. He fractured his left wrist and...
The Upper Tribunal (UT) has upheld a homeowner's appeal against a decision that he had not acquired a right of way over part of a driveway belonging to one of his neighbours. The row of houses in which the man and his neighbour lived had originally been...
The courts have powers to deal with protests or other actions that disrupt the day-to-day activities of people and organisations, even when those responsible cannot be identified. Recently, the High Court granted a continued injunction against persons...
An 82-year-old former railway worker who was exposed to asbestos at work has secured compensation from his former employer after being diagnosed with mesothelioma. The man had worked on and off for his employer for 30 years, starting when he was just 15....
Court and tribunal hearings usually take place in public, as part of the principle of open justice. However, a judge can decide to hold a hearing in private if it is deemed necessary for the proper administration of justice. Recently, the Court of...
A man who fell down a flight of stairs in his apartment building after the lights went out has received compensation for the injuries he suffered. The man, who is in his 70s and had recently been widowed, was walking down the stairs from his apartment when...
The Employment Rights Bill, which formed part of the legislative programme outlined in the King's Speech, has now been introduced into Parliament. Some of the key provisions included in the Bill are: Workers on zero-hours contracts will be entitled to...
The High Court recently upheld a claim that an elderly man's final will was invalid on the grounds that he lacked testamentary capacity. The man and his wife had made mirror wills in 1985. After their eldest son sadly died in 2007, they made new mirror...
The Family Court recently considered an application by the parents of a 15-year-old boy for authorisation to accept a gift of a share in a property on his behalf, in exercise of their parental responsibility. The boy's father owned a property in...
The High Court recently ruled on a claim by AGA Rangemaster , the manufacturer of AGA cookers, that a company which also supplies range cookers had infringed its trade marks. The company's cookers were fitted with an electric control system, which could...
A woman who discontinued her personal injury claim after evidence was obtained indicating that she had exaggerated her injuries has agreed to pay £323,000 in costs. The woman had undergone gastric banding surgery in 2005. She brought claims against...
A motorcyclist who was hit by a car at a junction has secured damages for the injuries he suffered. The 78-year-old man was riding his bike when a car failed to stop at a give way sign and pulled out in front of him. He braked and tried to swerve around the...
The Financial Conduct Authority (FCA) is proposing changes to the safeguarding regime that applies to payments and e-money firms, in order to better protect customers. Funds held by payments firms are not covered by the Financial Services Compensation...
Where a partnership's members include one or more companies, the profits of the partnership are calculated as if its trade was carried on by a company, by virtue of Section 1259 of the Corporation Tax Act 2009 . Recently, the Upper Tribunal (UT) ruled on...
The Employment Appeal Tribunal (EAT) has confirmed that where a provision, criterion or practice (PCP) puts people with a protected characteristic at a disadvantage, protection from indirect discrimination under Section 19 of the Equality Act 2010 can...
A tyre refurbishment company has been prosecuted by the Health and Safety Executive (HSE) after a worker was injured by a tyre buffing machine. The worker was drawn into the machine by his T-shirt as it was freewheeling to a stop. He came into contact with...
A homeowner has successfully argued before the Upper Tribunal (UT) that an application by the owner of adjoining land to modify a restrictive covenant should be refused . A small cottage had originally stood on the adjoining land, but had been badly...
