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Latest Legal News

Business Sales and Domain Rights

Buying and selling a business can be a complex matter and engaging a professional to make sure that deals are watertight and all the necessary actions are taken is a sound investment. In one case where that did not happen , a costly dispute developed...

Sending Employees to the USA - Some Tax Pitfalls

With Brexit looming and the likelihood that firms will look more seriously at doing business in what appears to be a broadly favourable business environment under the Trump regime, it is worth pointing out that sending employees to the USA to work with...

Corner Shops Under Residential Development Pressure

Convenience stores are a common sight on urban street corners and provide a much valued service, but they are vulnerable given the ever increasing demand for more new homes. In one case, a shopkeeper failed in a High Court bid to overturn prior approval to...

New Powers Proposed to Make Family Financial Settlements Effective

The problem of making family financial settlements or court rulings in divorce 'stick' is well known. Following an extensive consultation process, the Law Commission has made proposals designed to improve the situation for those affected when payments are...

New Rules to Prevent Corporate E-Signatures

The law has tried to play 'catch up' with the increasing sophistication of cyber-crime since the advent of the Internet, and new EU regulations implemented in the UK as the Electronic Identification and Trust Services for Electronic Transactions Regulations...

Branded Goods Sold Without Authority Can Lead to Prosecution

It is well known that the sale of counterfeit goods is a criminal offence and prosecutions are by no means unusual. A recent case looked at the position in which goods protected by a registered trade mark are offered for sale with the brand owner's...

Doing a Deal? Professional Drafting Avoids Costly Ambiguity!

There is little point in agreeing to settle a legal dispute if the wording of the deal is so ambiguous that it simply creates further scope for disagreement. In one High Court case that illustrated the need for clear professional drafting , both sides in a...

Company Articles Triumph in Share Valuation Dispute

People tend to think of the articles of association of companies – and often shareholders' agreements – as matters of detail not warranting close attention. However, a recent case shows the importance of having up-to-date knowledge of such...

Backups Not For Sale

Backup copies of software are made routinely, and the sale of software no longer used is also commonplace, despite the fact that in many cases the software licence is not legally transferable. However, what would the position be if the original purchaser...

Court Orders Must Be Obeyed - But Caring Pensioner Was Wrongly Jailed

Disobeying court orders is ultimately punishable by imprisonment – but only as a last resort. In the context of a family case, the Court of Appeal has ruled that a woman in her 70s, who honestly believed that she was doing her best for a vulnerable...

Government Cracks Down on Salary Sacrifice Tax Perks

As had been widely anticipated, the Chancellor of the Exchequer announced in his Autumn Statement that the Government is making changes to salary sacrifice arrangements so that many schemes that currently attract tax and National Insurance Contributions...

Can Developments That Conflict With Local Plans Ever Be 'Sustainable'?

In a guideline decision on the correct interpretation of the sustainability provisions of the National Planning Policy Framework (NPPF), the High Court has scotched plans for 150 new homes on the edge of a market town. Planning permission for the...

Bank Fails to Avoid Guarantee Liability

The sums of money involved in international trade are so vast that without bank guarantees to underpin contracts, the wheels of commerce would cease to turn. However, as one High Court case vividly revealed , banks normally insist that all the formalities...

Shape Must Convey Brand to Create Goodwill

Many household objects are of a similar shape and even where the shape of an object made by a manufacturer has a particular style, the existence of intellectual property rights in that style will depend on it being unique to the point that potential...

Trustee of Deceased Bankrupt Cannot Claim Payment From Spouse

Financial problems are frequently connected with marital problems, and the interplay between family law and insolvency law can produce legal complications. In a recent instance, the court had to decide what to do about a claim from the receiver in...

Recording Studio Must Live With Demolition Project Next Door

In ever more densely packed urban areas, hardly any development can take place without treading on someone's toes. The point was illustrated by one High Court case in which a recording studio complained that a demolition and flat-building project next door...

Court Guidance on Jurisdiction

When contracts have an international element and a dispute arises, it is often necessary to ascertain at a very early stage which country's courts have jurisdiction to deal with the dispute. In the case of a dispute over a contract, the place of performance...

Trade Mark Validity - It All Depends

A recent ruling by the Court of Justice of the European Union (CJEU) has implications for the owners of trade marks which are only used in part of the EU. The nub of the ruling is that if a court in the EU finds that an EU trade mark may cause confusion...

Family Companies and Benefits in Kind - Tax Tribunal Guidance

When it comes to Income Tax, almost nothing is more controversial than benefits in kind. The Chancellor's recent announcement on restrictions on 'salary sacrifice' illustrates the Government's hostile attitude towards tax planning that takes advantage of...

Jail Threat for Man Who Failed to Cooperate in Divorce Proceedings

Divorce is normally a difficult time for all concerned and the financial arrangements can be very contentious. Normally, problems revolve around the failure to provide accurate disclosure of assets, but on some occasions there is a total failure to...

Incorrect Procedure Can Render Possession Proceedings Voidable

Landlords frequently need to evict tenants, and where a possession order is sought because the tenant breaches conditions in the lease (typically for reasons of behaviour which impacts negatively on other tenants), the order will often be postponed or...

Failure to Adopt Sound Business Principles Proves Costly

Cases involving negligent valuations have been passing through the courts steadily over the years – many triggered by the financial meltdown in 2008. A recent decision involved the reliance of a bank on a valuation provided in support of a £1.8...

TalkTalk's Fine for Data Protection Breaches - What it Means for You

The recent fine levied on TalkTalk by the Information Commissioner shows the great importance of having an effective data protection regime in operation in any business. TalkTalk was fined £400,000 – the largest ever fine of its type –...

Tenants First - Or Else

When the landlord of a residential building wishes to sell it (make a 'relevant disposal') with the associated tenancies left intact, it has a legal duty under the Landlord and Tenant Act 1987 to offer it to the tenants first. Many landlords might be...

Continued Use of Defective Devices - Who is at Fault?

Disputes between insurers and claimants under insurance policies are common, and a recent dispute raised an interesting question: What is the position if a person or business uses a device which they know to be faulty and this results in subsequent damage?...
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