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Growing Number of Cohabiting Couples Leaves More Families Open to Risk

Cohabiting couples are the fastest-growing family type in the UK, according to newly released figures from the Office of National Statistics (ONS). The ONS reports that the number of cohabiting couple families continues to grow faster than the number of...

Employer Not Liable for Worker's Offensive Facebook Post

Under Section 109(1) of the Equality Act 2010 , anything done by a person in the course of their employment must be treated as also done by the employer. That is to say employers generally bear legal liability for misdeeds committed by their employees in...

Inveterate Trespasser Rightly Jailed for Contempt, Court of Appeal Rules

It is in the nature of litigation that the losing party frequently feels that the judge was wrong and the outcome unjust. However, a case in which a householder repeatedly lost his liberty , and ultimately his home, due to his defiance of court orders shows...

Company Pays Crushing Price for Failing to File its Accounts On Time

The consequences of a company being struck off the Companies House register – even temporarily for nothing more than an administrative failure – can be catastrophic. In a case on point, a company that suffered that fate sacrificed the profits it...

LPA - Bank Practice

A lasting power of attorney (LPA) is a document that may be used so that the finances or other issues of a person who cannot deal with them themselves may be attended to by a trusted third party – normally a solicitor or a family member. When an LPA...

Agricultural Tenancies Are Complex - Always Seek Professional Advice

When a farmer dies, close relatives are in certain circumstances entitled to succeed to any agricultural tenancies he or she held. However, strict time limits and other procedural rules apply to the exercise of that right, which is why bereavement should not...

Raising Cash on the Security of Your Home? Always See a Lawyer First

Many vulnerable people who fall into debt are tempted to raise cash on the security of their homes. However, a case in which an elderly couple came within an ace of losing the roof over their heads stands as a warning to all that such arrangements should...

Ripped Off By a Crooked Employee? You May Be Entitled to Tax Relief

Losing money at the hands of a crooked employee is a sadly familiar experience for many businesses, but what are the tax consequences of such deceit? The First-tier Tribunal (FTT) tackled that issue in the case of a catering supplies company whose manager...

Hospital Whistleblower Compensated for Detrimental Treatment

Workplace whistleblowers who act in the public interest by exposing wrongdoing are protected by the full force of the law. In a case on point, a hospital worker who endured detrimental treatment after making protected disclosures was awarded substantial...

Where, If Anywhere, Do the Jet Set Call Home? High Court Gives Guidance

Very rich people often live jet set lifestyles of ceaseless travel, so pinning down the country in which they are domiciled can be a serious challenge. The High Court faced exactly that difficulty in a case concerning the acrimonious breakdown of a...

No Going Back on Gift Freely Made

A recent case decided by the Scottish Courts shows the wisdom of not making irrevocable decisions that you may later come to regret. It involved a woman who gifted her house to her daughter and son-in-law, retaining a tenancy for life over the property....

Reached an Important Agreement? Get a Lawyer to Record It in Writing

Agreements are frequently reached behind closed boardroom doors, but a failure to engage a professional to record them, contemporaneously and in writing, can cause serious problems down the line. That was certainly so in one case concerning the tax...

Mental Capacity - Court of Protection Authorises Non-Consensual Caesarean Birth

Where people lack the mental capacity to make important decisions for themselves, judges will step in to ensure that their best interests are served, as was demonstrated by an unusual case in which the Court of Protection (CoP) authorised the planned...

Stamp Duty Land Tax Dodge Backfires

When a couple wished to avoid paying Stamp Duty Land Tax (SDLT) on the purchase of a property, they hit on what looked to them like a great idea. Instead of buying the property outright, they paid for it in two stages…a deposit, plus the purchase of...

Refused Planning Permission? You Are Entitled to Know the Reason Why

A fundamental principle of good government is that anyone on the receiving end of an adverse decision is entitled to know why it was made. In a case on point, the High Court came to the aid of a housing developer who could only speculate as to the reason...

Big Money Divorce Engages Family Judge in Company Valuation

Companies are notoriously difficult to value, and particular problems can arise when they form the principal assets to be divided in divorce proceedings. In a big money case on point, the High Court bridged a huge gulf between the value placed by a wife...

Constructive Knowledge - Employer Defeats Claim Thanks to Reasonableness Test

Under Section 15 of the Equality Act 2010 , an employer's duty to make reasonable adjustments for an employee who is disabled is only triggered if the employer has actual knowledge or could reasonably be expected to know (has 'constructive knowledge') of...

Widow Pays for Delay in Seeking Provision From Her Husband's Estate

If you feel that you have suffered a wrong of any kind, a delay in taking legal action can put paid to your chances of obtaining justice. A widow who was left nothing in her deceased husband's will found that out to her cost when her hopes of obtaining...

Motor Industry Worker Who Profited From Theft of Data Ordered to Pay £25,500

In November 2018, a motor industry worker, Mustafa Kasim, was given a six-month prison sentence for accessing motorists' personal data on his employer's computer system without authorisation and selling it to rogue telemarketers. The case was brought by the...

Hotel Under Duty to Protect Guests Against Third-Party Criminal Acts

Can businesses owe a duty to protect customers on their premises from the criminal acts of others? In a test case concerning a horrific attack on three hotel guests , the High Court has ruled that, in certain circumstances, the answer to that question is...
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