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Legal News

Freeholder Not Liable for Tourist's Fatal Fall

In a tragic case involving a tourist who was killed when he fell down a staircase on his honeymoon, the freeholder of the property was found not to be liable for the accident. The newlyweds were staying in a flat in London when the accident occurred. The...

Long Tail Asbestos Claims - Where Does Corporate Liability Lie?

Long tail employers' liability claims are those that are made or settled a long time after the insurance policy has expired. They often relate to industrial diseases of which the symptoms do not manifest themselves until many years after the trigger event,...

Landlord Faces Six-Figure Bill for Notice to Quit Error

Correct service of legal documents may seem like a technicality to non-lawyers, but it is of crucial importance and should only be entrusted to professionals. In one case that resoundingly proves the point , a landlord who served a notice to quit on the...

Skulduggery in Divorce Proceedings Will Do You No Good

Resorting to skulduggery in divorce proceedings is sadly common but almost never does either side any good. That was certainly so in one case in which a man surreptitiously took documents from his ex-wife's home and sought – unsuccessfully – to...

Boy Compensated for Glass Cut in Park

A boy who was seriously injured when he cut himself on broken glass in a public park is set to receive a six-figure sum in compensation. The boy, then 12 years old, was playing football when he landed on a shard of glass. He was badly cut and suffered...

Court Rejects Rerun Argument in Property Dispute

Problems with covenants affecting land are common and sometimes a dispute can resurface years after it seems to have been settled. In a recent instance, a landowner was successful in reopening the battle over a covenant after persuading the court it was...

Social Housing Company Not Guilty of Age Discrimination

In the context of a redundancy process, in which workers competed with one another in order to obtain one of the remaining posts, it was reasonable for the employer to expect each of them to look after their own interests. An Employment Tribunal (ET) so...

Criminal Intent and Personal Injury Claims

There is an established principle of law that a plaintiff or claimant is unable to pursue legal remedy if the case arises in connection with his or her own illegal act. So where someone is injured in the course of their own criminal acts, they are not...

HMRC's Tough Approach to Penalty Rejected by Tribunal

Just how tough HM Revenue and Customs (HMRC) can be was illustrated by a recent case in which they imposed a penalty of £1,300 for the late filing of a tax return by a businesswoman who, as well as running her own business, was also caring for her...

Free Advice Given and No Contract? You May Be Liable

Any professional will know that there are many people who like to have free advice, and whilst this is seldom proffered in a social setting such as the pub, it is normal for friends to give one another advice. It was therefore unremarkable when a couple who...

NHS Admits Negligent Failure to Ensure Baby Boy Was Feeding Properly

Medical negligence cases are often far from straightforward, but specialist lawyers are trained to achieve the best possible outcome for victims. In one case, a 10-year-old boy was guaranteed a seven-figure sum in compensation despite an NHS trust's...

It Was Wrong, But Whose Fault Was It?

When a person takes professional advice and a loss follows, it is normal to look for compensation through the professional's indemnity insurance policy. In order for the professional to be liable, they have to have owed the claimant a duty of care and their...

Inexplicable Accidents Sometimes Happen - High Court Ruling

There are occasionally inexplicable accidents for which no one can be blamed. That was certainly so in one highly unusual case in which, for no apparent reason, a van suddenly caught fire on a trunk road, forcing its passengers to jump for their lives. One...

Court Rejects Will in a Crisp Packet

Unfulfilled hopes of substantial inheritance are commonplace, both in fact and fiction, but not often do they lead to such ham-fisted attempts at forgery as that shown by a disappointed widow after her husband left her just £25,000 of his...

Sleeping at Work and the National Minimum Wage

Whether or not a worker who is on call at their employer's premises but who is allowed to sleep when their services are not required is entitled to be paid the National Minimum Wage (NMW) for the entirety of their shift is a highly fact-sensitive area of...

No Money a Reasonable Excuse for Not Paying Tax

HM Revenue and Customs (HMRC) are not known for being lenient when it comes to taxpayers who fail to pay taxes, and mere inability to pay tax when due is only regarded as a 'reasonable excuse' (and therefore ground for avoiding penalties) when the inability...

Mired In Debt? Get Professional Advice You Can Rely On

The position of those in debt is normally far from hopeless and much can be done to save them from penury. However, they are particularly vulnerable and, as a decision of the Upper Tribunal (UT) showed , the Financial Conduct Authority (FCA) tries its...

Family of Clay Dryer Exposed to Dust Win £52,500

The family of a man who was exposed to clay dust in his place of work have secured compensation four years after his death. Walter Patton had worked as a clay dryer in the 1950s and 1960s. Although workers would often be covered with clay dust, Mr Patton's...

Shape Change Not Inventive

For a patent to be valid, it is not sufficient that it is simply something new. There has to be an inventive step over the 'prior art', so that the item or process for which the patent is sought is not an obvious development. This test is at the heart of...

Mothers Denied Child Residence Orders

When a couple split up, it is very common for one of them to wish to move away, often to the area where they grew up or have family. This can create significant issues as far as the children are concerned and disputes in such cases are common. In a recent...
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