Latest News

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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
The Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 introduced fees for bringing a claim to the Employment Tribunal (ET) and the Employment Appeal Tribunal (EAT). The stated aims of the Fees Order were to transfer part of the...
Basement extensions are increasingly popular, particularly in areas where property prices are high, but are not always looked upon favourably by neighbours. In one case, an objector obtained legal advice and succeeded in blocking plans for a three-storey...
Average British person commits 32 crimes a year Although 98% of British people consider themselves law-abiding citizens, on average we each commit 32 crimes a year. This is according to new research carried out by BT TV. This “crime wave”...
Commercial moneylending is, with good reason, heavily regulated to ensure that unfair advantage is not taken of vulnerable borrowers. In one case that made that clear, two men who provided over £750,000 in finance to taxi drivers without any legal...
Like many pieces of tax legislation, the 'additional threshold' (AT) for Inheritance Tax (IHT) – which, in simple terms, limits the potential IHT charge on high-value residential properties – is a lot more complicated than it looks at first...
With the general election hogging the headlines, the passing of the Guardianship (Missing Persons) Act 2017 , which received Royal Assent on 27 April 2017, went almost unreported. Although the date on which the Act will come into force has not yet been...
Exactly when notice of termination takes effect can impact on an employee's entitlement to certain benefits or employment rights. In a recent case, the Court of Appeal ruled that, in the absence of an express term in the employee's contract, notice of...
An interesting use of the law relating to the sale of goods helped a couple whose all-inclusive holiday was ruined by gastroenteritis claim compensation from travel group First Choice recently. They claimed damages under the Supply of Goods and Services...
In October 2016, the Prime Minister commissioned Matthew Taylor, a former policy chief to Tony Blair, to look at how employment practices need to change in order to keep pace with modern business needs. The Review, entitled 'Good Work', has now been...
The Commonhold and Leasehold Reform Act 2002 gives tenants of qualifying premises the right to have the landlord's management functions transferred to a right to manage (RTM) company so that they can take responsibility for managing their premises. The...
The Public Interest Disclosure Act 1998 – often referred to as the 'Whistleblowing' Act – inserted provisions into the Employment Rights Act 1996 (ERA) in order to protect employees from unfair treatment for reasonably raising, in a...
Taking legal advice when borrowing for any purpose is important, as a recent case in which a wife faced the possibility of the sale of her home when her husband was made bankrupt shows. When he faced financial difficulties in 2005, the husband raised a...
The Supreme Court has handed down a ruling which means that all married gay couples and civil partners should receive equal pension rights. Under Paragraph 18 of Schedule 9 of the Equality Act 2010 , employers and pension funds are permitted to exclude...
When a sale of shares in a company is in progress, there are often a large number of threads that have to be tied up and sometimes this leads to unintended consequences. In a recent case, a shareholder had entered into a contractual obligation to a third...
You can claim tax relief if assets that you have acquired become worthless or loans that you have advanced prove to be irrecoverable. However, in a case that will be required reading for tax professionals, the Upper Tribunal (UT) has ruled that the right...
  • Make an enquiry