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Legal News

Housing Developments - Economic Benefits v Environmental Harm

Housing developments are almost always controversial and, in deciding whether or not to approve them, planners have to balance environmental and other objections against social and economic benefits. That was certainly so in one case in which the High...

Employment Tribunal Fee Refund Scheme Launched

In July 2013, the Employment Tribunals and the Employment Appeal Tribunal Fees Order introduced fees for bringing a claim to the Employment Tribunal (ET) and the Employment Appeal Tribunal (EAT). The stated aims were to transfer part of the tribunals'...

Couple May Lose House After Denying Neighbour Access to Meter

Disputes between neighbours can blight the lives of all concerned and it is always wise to seek legal advice before matters get out of hand. In one case, an elderly couple face losing their home under the weight of legal bills following a long-running row...

Discrimination on the Grounds of Religion or Belief

A Pentecostal Christian has failed to persuade the Employment Appeal Tribunal (EAT) that the Employment Tribunal (ET) erred in dismissing his claim that he had suffered direct and indirect discrimination on the grounds of his religious beliefs ( Trayhorn v...

School's Failure to Carry Out Risk Assessment Did Not Cause Accident

In a personal injury claim that will be of interest to employers, health and safety professionals and occupiers of land, a school that failed to carry out a risk assessment in respect of an access road on which a staff member suffered a serious accident...

Government Makes Tendering Process Easier

The complexity and length of the tendering process for government contracts has for many years operated as a significant deterrent for small businesses that might otherwise wish to compete for lucrative public sector contracts. Recognising this issue, the...

Widow Entitled to Full Compensation for Husband's Asbestos Death

Negligence does not have to be the sole cause of injury or death in order to entitle victims or their loved ones to compensation in full. The High Court made that point in the case of a man who was suffering from asbestos-related cancer when he died from...

Tax Domicile - HMRC Upping the Ante?

With an increasingly peripatetic workforce, more and more people are finding that the issue of their fiscal residence has a significant effect on their tax position. The response to this in the UK has been that tax legislation surrounding residence has been...

Parental Bereavement Bill Published

Employers are not currently required to give paid leave to grieving parents. Section 57A(1) of the Employment Rights Act 1996 gives employees the right to take a reasonable amount of time off to take action which is necessary for dependants – for...

Do You Know Who Actually Owns the Patents You Depend On?

A great many companies depend on patents for their profitability, and doubts over ownership of intellectual property (IP) rights can put their very survival in jeopardy. This point was illustrated in a case that concerned a number of patents in respect of...

Denied Divorce Case Heading to Supreme Court

It has been revealed that the widely reported case last March in which a wife was not granted a divorce from her husband because she could not demonstrate that his behaviour had been unreasonable will be decided by the Supreme Court. Under English law,...

Graduate Injured in Cycle Crash Wins Six-Figure Compensation

Road accident victims often do their utmost to pick up the pieces and get on with their lives. However, as one High Court case showed, specialist lawyers are always there to help if a full recovery proves impossible. The case concerned a young university...

Mutual Will Voids Thirteen Later Wills

Although a worryingly high proportion of the population never make a will, a fairly large number of those who do make more than one. It is sensible to make a new will or add codicils to an existing will if your circumstances change significantly. However,...

Furnished Holiday Lettings Face Tax Attack

The United Kingdom has very favourable Inheritance Tax (IHT) treatment for the owners of business assets used in a trade and, in general, the value of these will be outside the charge to IHT on death provided certain criteria are met. The IHT relief...

Only Gifts Without Reservation Are Effective in Minimising IHT

Giving away your assets to the next generation before your death can be an effective means of minimising Inheritance Tax (IHT) liabilities. However, as one tribunal case showed , such gifts have to be absolute and bring you no personal benefit in order to...

Six-Year-Old Jaundice Victim Wins £9 Million Compensation Package

Damages awards to clinical negligence victims may appear very large but, given the cost of funding care regimes, they are no higher than is absolutely necessary. In one case, a six-year-old boy who was left seriously disabled by a bout of jaundice in the...

Breach of Contract - Court Takes Commercial Approach

Making the right decisions in the immediate aftermath of a breach of contract is of critical importance and, at such knife-edge moments, legal advice is essential. That point could hardly have been more clearly made than by a High Court case concerning an...

Health and Safety Breaches - Delivery Firm Faces Double Whammy

Employers whose workers suffer injury due to health and safety breaches can face a double whammy of criminal and civil liabilities. Exactly that happened in one case in which a delivery driver had to have a leg amputated after he was hit by a forklift truck....

Don't Delay in Completing 'Formalities'

There is a tendency to think that procedural matters are mere formalities and there is no need to be in a rush to dot the i's and cross the t's, but sometimes failing to deal with them promptly can cause significant problems, as a recent case involving a...

'Pre-Pack' Administration and TUPE

Whilst the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) operate to protect the employment rights of employees when there is a relevant transfer of a business or part of a business, Regulation 8(7) provides that where the...
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