Latest Legal News

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It is well known that counterfeit copies of leading brands are fairly commonplace, especially in online shops. Many will also know that Internet service providers can be required to deny access to websites which are found to be dealing in 'knock-off' goods. ...
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Directors are under a duty to act in good faith and to do all that they reasonably can to promote the success of the companies they serve. Breaching those obligations can be costly, as one businesswoman found out after the High Court ruled that she had...
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One of the well-established principles of the law relating to obtaining possession of residential property that applies in the case of a possession order sought by a public authority is that of 'proportionality', which broadly speaking means that if, on the...
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The Internet is a market for all sorts of goods – including 'knock-off' copies of well-known brands. These are widely available through e-commerce websites around the world. In 2011, the UK brought in legislation which allows Internet service...
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With new guidance having been issued regarding the interpretation of 'need' for the purpose of financial settlements on divorce, a recent case shows how the courts have been moving away from a rigid adherence to the principle of 'equality' in the division...
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The tax regime relating to property has played a central role in the Government's drive to create more new homes. In a case which shows the importance of tax policy , a tribunal has favoured a broad interpretation of VAT legislation and found that a house...
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Contract law abounds with disputes over whether a binding contract has been created at a point in time, and many cases have been heard in which one side to the dispute alleges that a contract has been made whilst the other claims that an 'agreement to agree'...
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A recent decision involving development proposals in the Green Belt will be of interest to those considering making planning applications over Green Belt land. It involved a planning application granted by Epping Forest District Council for a glasshouse...
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Harassment is an unfortunate fact in some relationship breakdowns. In a bid to reduce the incidence of harassment and molestation following splits, the Family Law Act 1996 made it a criminal offence to breach a non-molestation order, rather than a contempt...
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Air travellers will be familiar with the X-ray scanners used as part of the security measures in airports, and the international market for such systems is massive. One of the leading names in the industry is Rapiscan, whose devices are widely used in many...
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Not all action against directors when a company goes broke is initiated by the Insolvency Service. Recently, the Information Commissioner's Office (ICO) issued a warning to rogue directors that it will take strong measures to enforce the payment of fines it...
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According to the Chartered Institute of Taxation, HM Revenue and Customs (HMRC) are using data collection powers to uncover the ultimate beneficial ownership of offshore companies and trusts. The information is being obtained from UK-based providers of...
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The annual return, a fixture of the company reporting cycle for decades, is being replaced by a simpler 'confirmation statement'. The main impact of the change is that the confirmation statement will not require information that has not changed to be...
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Not many people would disagree with the position that children should only be taken from their natural parents as a last resort and this is the view of the court system also. In one case which strikingly made that point, a mother was given a final chance to...
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Landlords can often move their offices several times during a long lease, meaning that the original address for service of documents on them becomes obsolete. When a landlord does so, it is important for them to inform their tenant(s) properly and not rely...
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Accountants who perform due diligence work on acquisitions are almost always in the firing line if the deal does not provide the expected outcome for the purchaser, but a recent case shows the limits of their liability in such cases. The case involved the...
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There is a general rule in law, which applies to leases as well as contracts generally, that a legal agreement will normally be taken by the court to mean what it says, not what one of the parties to it thinks (or hopes) it should mean. That point was...
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Bayerische Motoren Werke is known by one and all as BMW and their roundel symbol is recognised worldwide. Unsurprisingly, it is also a trade mark. So when a non-franchised garage put the logo and BMW acronym outside its premises, BMW took action . It...
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It is inevitable that those in receipt of court orders often consider them to be unjust – but that is never an excuse for failing to obey them. The High Court made that point in imposing a suspended prison sentence on a recalcitrant divorcee who took...
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In an important decision , the Court of Appeal has underlined that tax avoidance schemes may be strictly in accordance with legislation – but still be ineffective. The case involved a university which made an ultimately abortive attempt to save itself...
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A recent case illustrates the risks landlords take if they refurbish tenanted buildings without taking sufficient account of the potential impact on their tenants. Almost all commercial leases include a provision that tenants are entitled to occupy their...
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Whilst remaining profitable is the top concern for family business owners, recent research published by Close Brothers Asset Management shows that four out of the top ten worries of those surveyed are related to succession planning, with provision for...
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Large international corporations are well known for flexing their financial muscles and attempting to browbeat smaller companies into submission when they are in dispute. Such seemed to be the case when a comedy club owner took on 20th Century Fox over...
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Divorce settlements are designed to provide certainty and finality so that people can get on with the rest of their lives. However, an important Court of Appeal decision has underlined that they can be modified after the event if circumstances demand. A...
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Planning laws are about the character and appearance of the built environment but can also be instruments of social policy. In one case which proves that point , a local authority deployed its planning powers to stop a local hotel opening its doors to a...