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On the rare occasion that a professional adviser makes a mistake or behaves improperly, clients should be able to be confident of being compensated in full. A recent case shows how a client's potential loss at the hands of identity fraudsters was met by...
Litigation often requires disclosure of highly sensitive commercial details. However, as one intellectual property case concerning a mapping database showed , the courts do have sophisticated means of keeping such information under wraps. A company had...
We have often written about the dangers of taking advice from unqualified and/or unregulated advisers. A recent change in the regulations surrounding financial advice will cause some concern for those with friends or relatives who may be influenced by...
The one-year deferral in the adoption of the new 'Making Tax Digital' system for small businesses and landlords is to be welcomed, but businesses are strongly advised to make themselves aware of their pending obligations under the system at an early stage. ...
In ruling on a question concerning the interpretation of EU Directive 2000/78/EC, which establishes a general framework for equal treatment in employment and occupation, the Court of Justice of the European Union (CJEU) has ruled that an employer's ban on...
A person who voluntarily prioritises their marriage over their working life may not be entitled to compensation for the earnings foregone if their relationship ends in divorce. The Court of Appeal made that point in ruling on the case of a former headteacher...
Being in a cartel is unlawful and is a risky business – especially when one of the cartel members blows the whistle on the others. In such circumstances, the whistleblower can receive immunity from punishment, leaving the other members to carry the...
Where there is money, there is opportunity for wrongdoing and a steady stream of cases show that vigilance is needed to prevent the assets of the deceased or elderly being misappropriated. In one case, three cleaners of a deceased South Wales man claimed to...
As a recent case shows , whilst there is legislation which, in certain circumstances, allows leaseholders to obtain the right to manage the buildings they occupy, the process is replete with traps and it makes sense to proceed in such cases only with the...
Penal contractual terms that seek to impose exorbitant or unconscionable obligations are generally not worth the paper they are written on. The High Court found one such term unenforceable in the context of a side letter to a retail lease. A tenant had...
When a taxpayer named Mr Coomber sent his cheque by post to HM Revenue and Customs (HMRC) to settle his tax demand, he thought that would be the end of the matter. He paid the tax bill on 2 February 2016 and, as late as 1 March 2016, HMRC mistakenly told...
When an employee succeeds in a claim for unfair dismissal, the compensation awarded by the Employment Tribunal (ET) will take into account any future loss of earnings. In the majority of cases, this will cover the period up until the time when the employee...
In general, there is a presumption that on divorce the assets will be split more or less equally, but that is based on case law interpretation of the Matrimonial Causes Act 1973 , not statute. Currently, a Bill in the House of Lords (the Divorce (Financial...
Calculation of commercial rents is more of an art than a science and disputes are sadly common. However, as one case involving a Polish-themed bar in Central London showed, judges are always there to promote peace if negotiations fail. Following the grant...
Will disputes can be extremely bitter and the kind of skulduggery depicted in fiction sadly sometimes reflects reality. In one case, the High Court found that a well-respected accountant had forged his mother's will in order to gain control of business...
Some directors will always sadly be tempted to denude troubled businesses of their assets before they formally become insolvent. However, companies are not personal piggy-banks and, as one High Court case showed , the consequences of such conduct can be...
Patents that merely repeat pre-existing ideas are invalid – there has to be something novel about an invention to secure patent protection. However, that does not mean that developments based on the work of others cannot themselves be novel and...
The Government has acknowledged that the upcoming general election makes it unlikely that probate fees will increase significantly in May as planned, as there will not be time for Parliament to pass the legislation. The planned changes to the fees payable...
The need for charities to exercise strict controls over the disbursement of significant sums was made clear in a recent report by the Charity Commissioners into a small charity. The charity, which operated to promote active sports among the disabled,...
Anyone who has tried to recover the VAT on the purchase of a car, particularly an expensive one, will know that few things are as likely to prompt a VAT query. The conditions under which such a claim can be made are strict (see the Value Added Tax (Input...
Boundary disputes are commonplace and, unless skilfully mediated, can often spiral out of control, ending up in legal action the cost of which far exceeds the value of the land under dispute. One of the more important principles in such disputes is often a...
A long leasehold tenant has had mixed fortunes in opposing a charge for more than £55,000 after her council landlord undertook a major programme of repairs to the block in which she lives. Under the terms of her lease, the council was required to keep...
With HM Revenue and Customs (HMRC) pressing ahead with plans to make 'customers' deal with them only digitally, it is good to see that when a system issue with the EE network meant that some of the company's customers were unable to access the HMRC website...
There have been a number of recent cases looking at the precise nature of the employment status of those working for employers who like their operatives to appear to clients as their representatives but who operate a model of self-employment. In Aslam and...
When the marriage of a wealthy couple broke up, the English court had the opportunity to consider the impact of two pre-nuptial agreements the couple had made before they wed. The couple, both Swedes, married in 2000 and had had two children by the time...
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