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Personal Law
Family Law2007-10-23
A Recipe for Dispute if Ex-Wife is Landlord
It is a general rule of thumb that on divorce, the marital assets should be divided more or less equally between the ex-spouses. However, there are circumstances in which this does not hold good and ... Read More2007-10-23
Child Custody How it Works
Arrangements over the custody of children (called ‘residence orders’ in legal parlance) after the breakdown of a relationship are usually best decided without the intervention of the ... Read More2007-10-23
Child Maintenance or Jail?
A barrister who failed to comply with an order to pay child maintenance was recently sentenced to six weeks in prison. The barrister had been ordered to pay £365 per month to the mother of ... Read More2007-06-29
Family Split Determines Outcome
When families break up it is not uncommon for the children to ‘take sides’, although this is not normally as extreme in its effect as in a recent case. The case involved a couple ... Read MoreHandling Bereavement
2007-10-23
Private Care Homes and the Human Rights Act
‘A sickening blow’ is how campaigners have described a landmark decision of the House of Lords on the rights of an 84-year-old care home resident with Alzheimer’s disease. It was a ... Read MoreLandlord and Tenant
2007-06-29
Wall Ownership Dispute Costs Loser £1/4m
A dispute over the ownership of a boundary wall has cost the unfortunate loser more than a quarter of a million pounds in legal costs after the case went all the way to the Court of Appeal. The ... Read MoreMaking a Will
2007-06-29
Witnesses to a Will
Quite often, the question as to who should witness the signing of a will is treated as an afterthought, but when a will is contested, the ability to hear the evidence of the witnesses can be crucial. ... Read More2007-04-03
Revocation of Wills
It is important to make sure that your Will both reflects your current wishes with regard to the disposal of your property and is correctly drafted. If a Will no longer fulfils its ... Read MorePersonal Injury
2007-10-23
Clinical Negligence Liability Tests
For a case of clinical negligence to be proved, there must be a duty of care which is owed by the defendant to the person claiming damages. If such a duty of care exists, for an action to be ... Read More2007-06-29
'Proper Accidents'
The Court of Appeal has dismissed a £150,000 damages claim brought against the Royal British Legion by a woman who broke her leg when she fell into a hole in a patch of village green where a ... Read More2007-05-28
Watch out for the big lad! School Rugby
A recent case will set warning bells ringing for those who manage sports teams involving children and for school sports teachers. It involved a rugby match in which a boy who was well over-age was ... Read MorePolice and Crime
2007-10-23
Proceeds of Crime Targeted
Over the last few years, the approach of the authorities towards acquisitive crime has increasingly moved from focusing on obtaining long sentences for serious criminals to ensuring that they are ... Read More2007-10-23
Right to Remain Silent Not Absolute
It is not uncommon for the police to have difficulty identifying the actual driver of a vehicle caught on camera exceeding the legal speed limit. A brave, if somewhat misguided, attempt by two ... Read MoreBusiness Law
Commercial Conveyancing2008-02-20
Retention of Title Can Include Commingled Goods
Retention of Title (ROT) clauses are often used in contracts for the supply of goods. The effect of the ROT clause is that the goods which have been supplied remain the property of the supplier until ... Read MoreCommercial Litigation
2008-02-20
Arbitration is the Preferred Option
The Law Lords have handed down a significant judgment for people who have disputes over contracts which contain an arbitration clause. The case arose because of a dispute between businesses engaged ... Read More2008-02-20
Fines Should be Proportionate
A small firm and its director, who were originally fined £96,000 and £14,000 respectively following breaches of Health and Safety law which led to the death of an employee, have had their ... Read More2008-02-20
Insolvency Fees Ruling Damages After Fees
A recent case involving the long-running saga of the insolvency of Leeds United FC has potential implications for employees of companies which go into administration. The administrators of Leeds ... Read More2008-02-20
Policy Wording Negates Claim
Yet another case illustrates the wisdom of reading through the small print of commercial insurance policies to make sure that the risks you think are covered are actually covered by the policy. ... Read More2008-02-20
What is Personal Data?
The definition of personal data for the purposes of the Data Protection Act 1998 is contained in Section 1 of the Act. Personal data is that which relates to a living individual who can be identified ... Read More2008-02-20
Pre-Pack Administration Gets Court Approval
Insolvency law has produced more than its share of legal argument. One contentious matter which recently came before the court was whether ‘pre-pack’ transfers of insolvent businesses can ... Read More2007-10-23
Protection from Unfair Selling Practices
Further protection for consumers from unfair selling practices is due to be introduced next April. This should help to reduce the litany of complaints of sharp practice that abound in some areas of ... Read More2007-06-28
University Not Liable for Asbestos Exposure
Reading University has been found not to be liable for the death of a worker from mesothelioma. It was alleged that the man was exposed to asbestos when assisting in works to the University’s ... Read More2007-03-23
Phoenix Companies - Insolvency
Insolvency law is littered with cases involving so-called ‘Phoenix companies’ – ones which fail and then seemingly reappear overnight in substantially the same form and with ... Read MoreCompany and Partnership
2008-02-20
Dividend Waivers Making Them Work
When a company is set up, it is common to divide the shares in it in approximately equal proportions amongst the subscribers. Whether or not this proves to be the most effective way to split them in ... Read More2008-02-20
Enterprising Investment Made Simple
Successive governments have recognised that the spirit of entrepreneurialism, though deeply ingrained in the UK’s culture, is not really very well supported by the financial institutions. In an ... Read More2008-02-20
New Money Laundering Regime
Business owners are reminded that the new Money Laundering Regulations 2007 came into effect on 15 December 2007. These replace the existing money laundering legislation. The aim of the new regime is ... Read More2008-02-20
Non-Cooperation Sufficient for a Ban
A director of a company who failed to cooperate with the Financial Services Regulator and (although the company was not insolvent) with the Official Receiver recently found that an order was made ... Read More2008-02-20
Taper Takes Toll
One of the more important changes announced in the recent pre-budget report was that Capital Gains Tax (CGT) taper relief, which was introduced in 1998, will be abolished with effect from the end of ... Read More2008-02-20
The New CGT Regime Who Wins and Who Loses?
The changes announced in the Capital Gains Tax (CGT) regime in the Chancellor of the Exchequer’s pre-budget report are more far-reaching than has generally been understood. In this article, we ... Read More2007-05-10
Guidance on REITs
HM Revenue and Customs (HMRC) have now published guidance on Real Estate Investment Trusts (REITs), which became available on 1 January 2007. Among the main issues clarified are the following: ... Read MoreEmployment
2008-02-20
Age Discrimination Cases on Hold
Following a Practice Directive handed down by the President of the Employment Tribunals, all age discrimination cases in England and Wales that relate to dismissal on the grounds of retirement ... Read More2008-02-20
Company Road Safety Police Get Tough
Employers who forget that their health and safety responsibilities extend to employees driving on company business should take note of a shift in the way police will investigate road accidents in ... Read More2008-02-20
Consultation on Collective Redundancies
The Employment Appeal Tribunal (EAT) has ruled that the obligation on an employer, under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992, to consult over collective ... Read More2008-02-20
Insurance Contracts New Discrimination Law
Legislation enacting European law prohibiting sex discrimination in insurance contracts came into force in the UK on 21 December 2007. It is now unlawful to use sex as a factor in the calculation of ... Read More2008-02-20
Is a Director an Employee?
When a company becomes insolvent, whether or not a shareholder and director is an employee, within the meaning of section 230 of the Employment Rights Act 1996 (ERA), for the purposes of a claim for ... Read More2008-02-20
Making Training Costs Tax Deductible
You would be forgiven for thinking that training costs aimed at improving your skills or business profits would automatically qualify for tax relief, but that is not necessarily the case. The ... Read More2008-02-20
Music While You Work
If you allow your staff to listen to music whilst working, the Performing Rights Society (PRS) has warned that you could be liable to pay a licence fee. PRS is a not-for-profit organisation that ... Read More2008-02-20
New Advisory Fuel Rates
HM Revenue and Customs (HMRC) have revised the advisory fuel payment rates to be used without tax or NIC implications when employers reimburse employees for business travel in a company car or when ... Read More2008-02-20
Taxman Challenges Troncs
The Central London Employment Tribunal’s decision that discretionary service charges and credit card tips paid via the tronc are to be counted as paid by the employer, and thus a component of ... Read MoreIntellectual Property
2008-02-20
No Agreement Means Software Writer Owns Copyright
A recent case has illustrated the common legal difference between intellectual property (IP) produced by a freelancer and that produced by an employee. In the case of IP produced by an employee, the ... Read More2008-02-20
Patent Protection Depends on Proof of Invention
A recent ruling by the House of Lords, in a case involving a patent, marks a significant change to UK patent law. Prior to the decision, under UK law an action brought to prove entitlement to a ... Read MoreLandlord and Tenant
2008-02-20
Empty Properties Rating Change Approaches
It has for some years been a bit of an oddity that with the economy buoyant, quite generous reliefs from business rates have been available where commercial premises are unoccupied. Ironically, a ... Read More2007-05-08
Landlord Need Not Repair Item Not in Disrepair
A tenant who sought to claim from her landlord, after she was cut by broken glass, found that the Court of Appeal did not agree that her landlord was liable for her injury. Elaine Alker had been ... Read More2007-04-02
Unpaid Rent Claim Landlord Need Not Mitigate Loss
A common principle in English law is that of mitigation. This means that in cases involving a claim for damages, the person who has suffered the loss for which compensation is being sought is ... Read MoreLiquor Licensing
2008-02-20
Licensing Changes Proposed to Procedures for Minor Amendments
The Government has announced proposals to simplify the process to vary Licensing Act Authorisations under the Licensing Act 2003. Currently, this requires licensees to apply for a new licence or ... Read More