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Legal News

Have You Checked Your Investment Adviser's Credentials?

Investment advice is best obtained from authorised professionals and it is unwise to rely on friends' recommendations, no matter how trustworthy they may appear. In one case that proved the point, a currency trader who turned to fraud and lost £500,000...

Early Conciliation and Second Certificates

For Employment Tribunal (ET) claims lodged on or after 6 May 2014, it is a legal requirement, unless an exemption applies, for the claimant to first notify the Advisory, Conciliation and Arbitration Service (Acas) by completing an Early Conciliation (EC)...

Judge Awards Damages for Misdiagnosed Skin Cancer

The diagnostic skills of GPs are the backbone of the NHS, but they are not infallible and it is only right that compensation is paid when negligent mistakes are made. In one case, a man whose skin cancer was misdiagnosed as a fungal nail infection won almost...

Power of Attorney Fees Fall

With the recent furore over the Government's proposed increase in the cost of obtaining probate on larger estates, currently on ice owing to lack of parliamentary time in the run up to the General Election, it is nice to see that the direction of change in...

High Court Rules on Fall-Out From Wine Company Insolvency

Insolvency proceedings that arise in the midst of an ongoing trading relationship can sometimes result in large sums of money remaining in limbo for a significant period. In one such case, the High Court ruled on the correct destination of more than 870,000...

Restrictive Covenant Modification Enables Home Development

Restrictive covenants often date back many years and a delicate balance sometimes has to be struck between their enforcement and the public interest in efficient use of the increasingly scarce supply of suitable land. In a recent case, the Upper Tribunal...

Seven-Figure Payout Paves Way for Accident Victim's Return Home

Specialist lawyers representing a road accident victim who was left in a minimally conscious state after being knocked off his motorbike have negotiated a novel seven-figure settlement of his claim, tailored to meet his particular needs. The man, in his...

Danger of Subletting Exposed as Court Orders Flat Sale

Owning a long leasehold, particularly one in a block of flats or which is part of a larger development, can be very different from owning a freehold. Typically the obligations of tenants are more proscriptive, being based on an acknowledgement that parts of...

Pioneering Psychologist Blocks Abusive Use of His Name Online

A recent case in which web searches for a pioneering psychologist led to a website selling shoes and clothes shows the extent to which Nominet, the Internet watchdog, will act to protect the rights that people have in their own names. The psychologist had a...

Lift Accident Tourists Awarded Damages of Over £140,000

If you are the victim of an accident caused by another's negligence, compensation is payable not only for any injuries you suffer but also for a range of financial and other foreseeable losses. In one case, an Australian couple won damages for loss of...

Uninsured Drivers and Compensation Claims

When accidents cause damage or injury and the responsible driver is uninsured, a claim can be made to the Motor Insurers' Bureau (MIB), an organisation financed by motor insurers with the intention of compensating those who have been involved in accidents...

12-Year-Old Boy Wins Compensation for Crash Injuries

A 12-year-old boy who suffered severe head injuries in a road accident has secured a compensation settlement that could be worth in excess of £10 million. The boy was just three months old and travelling in the front passenger seat of the vehicle when...

Tax Law No Respecter of (Cultural) Tradition

An argument that assets which HM Revenue and Customs (HMRC) said belonged to a deceased man (and were thus subject to Inheritance Tax) were actually owned in whole or in part by his son was rejected by the First-tier Tribunal (FTT) recently . After the son...

Mother Suffered Discrimination After Part-Time Return From Maternity Leave

The Equality Act 2010 makes it unlawful to discriminate against or treat a woman unfavourably because of her pregnancy, or because she has given birth recently, is breastfeeding or is on maternity leave. In addition, the Employment Rights Act 1996 and...

Compensation for Dog Bites

Owners of animals that are known to be potentially dangerous are usually aware that if their animal causes an injury, they will most likely be held responsible. In a recent case, homeowners found that their failure to prevent their dog from causing harm...

High Court Encourages Social Workers to Make Use of Facebook

In the Internet era, it is wholly acceptable to use Facebook or other social media to make contact with those who have to be notified of family proceedings. The High Court made that point after being forced to abandon an adoption hearing due to a failure...

Cocktail of Drugs Not Sufficient to Overturn Will

Disputes about the validity of wills frequently centre on allegations that the deceased lacked 'mental capacity' when they created a will. In a recent case, the court had to consider whether a man who died less than two months after writing a will was...

Engineers Must Pay for Defective Design of Seaside Storm Culvert

Contract arbitrators' decisions are meant to be final and challenging them is always an uphill struggle. This point was illustrated by one case in which the High Court upheld a six-figure award to a local authority in respect of a defectively designed...

Council Obliged to Give Reasons for Approving Stadium Development

There is no statutory requirement for local authorities to give reasons for granting planning consent. However, an important Court of Appeal case concerning a football club's controversial plans to build a new stadium in the Green Belt showed that there is...

Widow of Mesothelioma Sufferer to Donate Settlement to Hospice

Mesothelioma is an incurable cancer of the lung and it is normally caused by exposure to asbestos. It can take several decades after exposure for symptoms to appear and by the time the diagnosis is made, life expectancy is normally short. Fatal exposure is...
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