Latest Legal News

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Divorces are very seldom totally amicable, but letting squabbles over the terms under which a marriage is dissolved run on and on can be ruinous, as a recent case shows. It involved a once successful businessman who was said to have been left with less than...
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Contracts have to be reasonable to be enforceable, and that is one good reason why professional drafting is essential. In a case which clearly illustrates that point, the High Court has ruled that a clause which required notification of defects in building...
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Everyone knows that the corporate veil has the advantage of shielding directors from personal liability. However, far fewer people are aware of its downsides. In one case which illustrates this point , a businessman who dealt with a bank entirely through...
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There is a common but incorrect belief that where a taxpayer incurs a trading loss, that can always be set against their other income to reduce the Income Tax they would otherwise pay. The ability to set off losses against profits is the norm and there are...
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Intellectual property (IP) rights are fiercely protected by the courts, and the consequences of breaching them can be severe indeed. In one case, a company which profited from infringing a patent in respect of a novel type of calliper used in racing car disc...
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Adjudication and arbitration are methods often used in the construction industry in the hope that they will achieve speedier and less costly dispute resolution than the use of litigation. However, this is not always the case and adjudicators are used to...
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Business relationships sometimes end badly, but the duties that partners owe to look after each other's interests continue until formal dissolution. In one case, two couples who set up a private car hire and chauffeur business lost sight of that principle as...
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When a marriage breaks up, the court's primary consideration is the welfare of any children, and their views are of great importance when a decision is being made as to which parent they should live with. In law, a child is a person under the age of 18. ...
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The Chartered Institute of Taxation (CIOT) has warned taxpayers that HM Revenue and Customs (HMRC) have now published the responses to their consultation on proposed extensions to their data-gathering powers, which target 'digital platforms'. HMRC have...
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The Court of Appeal has handed down a decision which should give considerable pause for thought to anyone who is tempted to use a 'law shop' or similar provider rather than a qualified and experienced firm of solicitors to handle their affairs. The case...
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After 1 February 2016, landlords entering into residential leases, having new lodgers or allowing anyone to occupy a property they own for residential purposes are required to undertake checks to ensure the tenant and any other adults who will be living...
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In a ruling which should be required reading for those who deal with public authorities, a company which claims that it was unjustly denied a nuclear plant decommissioning contract, following a flawed tendering process, had its hopes of receiving up to...
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Owners of companies who are thinking of retiring and unlocking the surplus assets in their companies through liquidation should start their planning now. The Chancellor has advised that the Finance Bill 2016 will contain provisions which will, in many...
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In the area of intellectual property (IP) law, the small firm has every chance of defeating the megacorporation, especially as regards ownership of domain names. In one case , which underlined the potential costs of failing to register Internet domain...
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It is normal for contracts to contain clauses which specify that variations in the contract must be made in writing. The nature of business is such that contract variations are relatively commonplace and this can cause difficulty if the paperwork fails to...
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The review of how retention arrangements work in the construction industry, recently announced by the Department for Business, Innovation and Skills, will be welcomed by all parties to such agreements. Retentions are often a problematic issue in building...
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The arrangements for custody of children and for meeting their financial needs when a marriage breaks down are often problematic. When there is an international element, things can get very complicated indeed, as a recent case involving the children of an...
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Research and Development Tax Relief Update HM Revenue and Customs (HMRC) have updated their guidance on claiming research and development (R&D) relief to include information about 'advance assurance', which has been available since November 2015 to...
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The employee of a car rental company who sold personal information relating to 28,000 customers has suffered fines and costs totalling more than £2,800 after pleading guilty to an offence under Section 55 of the Data Protection Act 1998 . Although...
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A case concerning a maritime collision at the entrance to a Black Sea port serves as a warning to all that litigation deadlines are strictly enforced and that failing to meet them – even by a matter of hours – can have disastrous consequences. ...
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The family courts are kept busy these days with disputes over which parent children should live with – especially when the parents are of different nationalities. In a recent case , an Algerian court had awarded custody to the mother of two children,...
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A cunning attempt to invoke a limitation clause in a contract failed recently in court . The case involved a building contract for cladding that was fitted to a leasehold building. The leaseholder had engaged a building firm to do the work. The contract...
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It is well known that building work can be standard rated or, if it meets one of the exemptions in the Value Added Tax Act 1994 , Section 30, Schedule 8, it can be zero rated for VAT purposes. Among the qualifications for zero rating is whether the...
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Recent cases show the importance of being in possession of all the relevant facts and carrying out thorough research before making a trade mark application or taking action to protect your intellectual property rights. In the first , the EU General Court...
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It might be thought by many that money laundering is an esoteric crime that is practised only by professionals in positions of authority or influence, but this is not so. Money laundering supports terrorism, drug dealing and other unlawful activities and,...