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Latest Legal News

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?...

Renault Squashes Internet Entrepreneur in Web Domain Dispute

Building brands is a lengthy and very costly process and it is hardly surprising that brand owners take a very dim view of others benefiting from their goodwill. In one case, car manufacturer Renault came down hard on a businessman who used its name and well...

Child Protection More Important Than Family Togetherness

Family judges are used to controversy and accept the fact that there will always be an embittered few who accuse them of 'playing God'. However, one striking case shows that they will only break up families when doing so is necessary to ensure the...

Buy-to-Let Landlord Tax Challenge Rejected

The legal challenge to changes in the tax regime relating to buy-to-let properties has failed, despite the backing of a £180,000 'crowd fund' and the pleadings of barrister Cherie Blair. The case was pursued on the basis that the changes, which limit...

Slipshod Execution of Contracts Can Come Back to Haunt You!

Slipshod execution of contractual documents can come back to haunt you, and that is one good reason why you should always have the benefit of qualified legal advice. In one case , the waters were so muddied that the High Court was unable to say, without...

New Homes v Office Space Retention - High Court Holds the Line

Relentless pressure for more new housing in urban areas tends to relegate to second place the need for office space in planning terms, and in some circumstances full planning permission is not needed to convert office premises to residential use. However, in...

Delay Denies Financial Support for Divorcee

It is not uncommon for affection and trust to survive the end of a marriage – but legal advice is still almost always required to ensure a fair outcome. In one striking case, a woman who waited until almost 20 years had passed since her divorce before...

IP Investment Exceeds Physical Investment

Anyone doubting the importance of intellectual property (IP) in the modern economy will be surprised by the contents of a recent report from the Intellectual Property Office that investment in research and development, software and design in 2014 was, at...

New Legislation to Counter Tax Evasion Reaches Parliament

The distaste with which the Government regards tax evasion is clear, with HM Revenue and Customs taking an increasingly tough approach both to tax evasion and (with considerable success) when mounting legal challenges to tax avoidance schemes, especially...

What You Do as Well as What You Agree in Writing Matters

It is a common misconception that contracts have to be agreed in writing or orally to be binding. However, a contract can also be valid if it is performed…even if the documentation requires that it must be formally agreed to be valid. A recent case...

Lease Break Fails Over Partition Permanence

Commercial leases normally contain a provision that if a tenant wishes to break the lease, they must remove all their property (chattels in legal parlance) from the let premises. Such provisions will often, but not always, require the removal of any...

Fertility Clinic Blunder Led to Mother Adopting Her Own Child

The requirements of the Human Fertilisation and Embryology Act 2008 are strict and any procedural error by fertility clinics can cause untold legal complications and misery. That was certainly so in one case in which a form-filling error led to a woman...

Online Trader Price Fixing Leads to £160,000 Fine

A company which deals in sports and entertainment products such as posters and stickers has pleaded guilty to breaching competition law by creating a cartel through collusion on pricing to ensure that it did not undercut the prices offered by an online...

Tough Times for Defaulting Taxpayers

HM Revenue and Customs (HMRC) have in recent years taken an ever more aggressive approach to the collection of underpaid taxes. A woman who for more than a year underdeclared the VAT payable by the building company of which she was a director has agreed to...

Court Stresses Need for Facts in Child Residence Dispute

Divorces with an international dimension are often complex and, where the question arises as to which parent will look after children and in which country, the courts are often involved. When making these decisions, the courts will always put the child's...

Swift Justice Sees Director Receive £105,000 Bill

It is regrettably not unheard of for directors to flout their duties and help themselves to company money to which they are not entitled. However, one High Court case showed that professionally managed litigation can be a swift means of catching up with...

Delay Not Fatal in Resisting Landlord

When a commercial tenant fails to pay rent due, the landlord can take legal action to terminate the lease or can 'peaceably re-enter' the premises and take possession of them. Where a court order is made, the tenant has six months in which to apply for...

Fake BMW Goods Lead to Jail

Recent jail terms for the counterfeiting of goods, after a financial investigation by the Intellectual Property Office, show clearly the dangers of dealing in goods which are counterfeit or breach the trade marks or other intellectual property (IP) rights of...

No VAT Liability if No Taxable Supplies: True or False?

Many businesses engaged in the provision of 'exempt' supplies for VAT purposes (such as healthcare or financial services) or those with a turnover below the VAT registration threshold (currently £83,000 per annum) believe that they will never have to...

Insolvency No Bar to Liability for Support Payments

A recent decision of the High Court will come as a comfort to those whose ex-spouses have fallen into arrears with their child maintenance payments. It involved a man who was behind with child maintenance payments payable to the Child Support Agency when he...

Winding Up Petitions and Validation Orders - High Court Guidance

From the moment a winding up petition is presented against a company, any payments that it makes become legally void if a winding up order is granted. However, what happens if supplies are made to that company before the supplier is aware of the winding up...
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