Latest Legal News

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A recent case illustrates the sort of unanticipated problem that can arise as a result of owning property abroad. The case involved an English man who owned a property in Brittany. He was in receipt of social security benefits – in particular,...
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An easement (such as a right of way) is a right over someone else’s land. A right of easement, once granted, is quite often forgotten about. However, a recent case shows how important it can be to make sure that an easement does not lapse through...
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Firms that offer vouchers to employees in exchange for salary sacrifices may face a VAT charge, following a recent opinion of the Advocate General of the European Court of Justice (ECJ). It involved AstraZeneca, which had given employees vouchers in...
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Musculoskeletal disorders (MSDs) are the most common occupational illness in Britain. They include problems such as low back pain, joint injuries and repetitive strain injuries of various sorts, and affect more than 500,000 people every year. They are often...
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The comedian Jimmy Carr was recently successful in using a loophole in the law to avoid a fine for using a mobile phone whilst driving. The argument was based on the fact that he was using his mobile phone as a dictating machine, rather than as a...
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An argument over a narrow strip of land has left a mother and son facing massive costs after their case was heard in the Court of Appeal recently. The dispute arose because their neighbour wanted to put up a fence on what he considered to be the dividing...
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Employment Appeal Tribunal (EAT) has ruled that the Employment Tribunal (ET) had no jurisdiction to refuse to accept a claimant’s ET1 claim form, on the ground that it found some of the handwriting illegible, because the form did contain the required...
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The problems which can arise when there is an intestate estate that involves business assets were made clear recently when the High Court had to rule on a complex claim relating back to a death that occurred many years ago. At stake was a share in a farm,...
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Litigation can be expensive and there are good reasons in many cases for achieving a resolution by mediation when possible. The best course of action will depend on the individual circumstances of the case. Recently, a court case was settled after a...
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The Court of Appeal has ruled that a man who knew that he and his daughter were about to become homeless, and who wrote to the council seeking its assistance in obtaining accommodation, had done enough to trigger the council’s obligation to provide...
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When someone breaches a confidence and uses confidential information to make a profit, one of the legal remedies which may be sought is to require the person committing the breach to account for the profit made as a result. In a recent case , two...
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HM Revenue and Customs have announced that non-UK resident persons who remained in the UK due to disruption of their travel plans because of the volcanic ash cloud and who, as a result, spent more than 90 days in the UK at one time, will not be treated as...
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The Court of Appeal has ruled in a case which establishes an important precedent for the setting of fines for breaches of environmental law. Thames Water had appealed against a fine of £125,000 for a mistake which had led to pollution of the river...
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Employers should be aware that problems may arise during major sporting events as a result of employees supporting different national teams. In a recent case , a woman claimed that remarks made to her by a colleague during the 2006 FIFA World Cup amounted...
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In many countries, bribery and corruption are commonplace. IKEA recently ceased its expansion in Russia, for example, because of the difficulties in obtaining permission to build new stores without being willing to engage in corrupt practices....
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A recent case in the Court of Appeal has resulted in a 92-year-old widow being given the right to evict her daughter and son-in-law, after a bitter family dispute that has lasted, on and off, for 20 years. The judges dismissed the couple's claims that they...
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Social Housing providers will greet a recent decision of the Supreme Court with relief. The Court upheld a local council’s decision that it had discharged its duty to secure accommodation for persons who were homeless by sending each of them a...
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Taxpayers who evade more than £25,000 of tax will now be ‘named and shamed’ by HM Revenue and Customs (HMRC) where the evasion affects a period after 1 April 2010. It is expected to be 2011 before the first tax evaders will be publicly...
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Recently, two issues relating to foreign travel have arisen which are relevant for taxpayers. Firstly, HM Revenue and Customs (HMRC) have advised that taxpayers who expect to have problems paying tax on time as a result of the volcanic ash cloud should...
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Over 1,500 people who suffered chemical burns and allergic reactions after buying ‘toxic sofas’ are to share a compensation settlement worth £20 million, in what is thought to be the largest consumer class action in English legal history. ...
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In the light of research carried out by the Health and Safety Laboratory, which shows that worker participation in implementing occupational health and safety measures has a positive effect on health and safety performance, the Health and Safety Executive...
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A recent case illustrates the extent of the investigative powers available to HM Revenue and Customs (HMRC). It involved a company that HMRC suspected of evading Excise Duty. A raid on its premises was undertaken and HMRC officers found quantities of alcohol...
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A total of 15 people died from carbon monoxide poisoning associated with domestic gas appliances in the year 2008/2009, mainly a result of gas appliances being fitted badly or not being serviced properly. All landlords have a statutory obligation under the ...
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The first prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007 has been pending for some time and is eagerly awaited as it will provide guidance in practical terms on the likely level of fines in such cases, following the issue of...
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With tax rates on the rise and the coldest winter in years still a vivid memory, it may be a tempting prospect to leave Britain behind and settle somewhere in the sun. One of the drawbacks with this approach is that it is, in practice, difficult to sever...