Latest Legal News

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When a couple engaged a firm of architects to manage the refurbishment of their house, the architects inserted a 'net contribution clause' into the contract. The intention of the clause was to limit the liability of the architects to the extent to which any...
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The Information Commissioner's Office (ICO) has published a new guide to protecting personal data, 'Protecting personal data in online services: learning from the mistakes of others' , which it describes as outlining the procedures organisations must follow...
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When a publisher and the firm managing its subscription database fell out over the database manager's quality of service, the publisher gave the database manager a month's notice to terminate the contract. In response, the database manager refused to release...
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Funded Unapproved Retirement Benefit Schemes (FURBS) were a popular tax-planning device for higher-paid employees until legislation in 2006 made them ineffective by making contributions to a FURBS no longer qualify for tax relief. One of the advantages of...
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The importance for owners of houses in multiple occupation (HMOs) of keeping them in good condition is highlighted by a recent case in which the owners of a house that had 24 residents were fined for a number of failures. The house was found to have...
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In a landmark decision , a lesbian has won a High Court ruling that, whilst bereft of legal rights over a child conceived by her ex-partner during their relationship, she is the child's 'psychological parent'. During the couple's turbulent 18-month...
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When intellectual property rights are not the subject of proper agreements, the likelihood of a dispute arising is increased. When the responsibilities and rights of employees are not precisely stipulated, there is also possibility for disagreement. A ...
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Following the introduction of the Waste Electrical and Electronic Equipment (WEEE) Regulations 2013 , the Department for Business, Innovation and Skills has now published updated statutory guidance intended primarily for use by businesses, public and...
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Under proposals outlined in the recent Budget, from 2015 HM Revenue and Customs (HMRC) are to be given new powers to access the bank accounts of 'tax debtors' in order to remove sums needed to satisfy tax debts due. The right will only be exercised when the...
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One of the less well reported changes contained in the Intellectual Property Act 2014 is that the commercial exploitation of a registered design without the design owner’s permission will become a criminal offence, with a maximum term of five...
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Separated couples should fix their eyes firmly on the future when signing divorce agreements, as was demonstrated in a recent case in which a former soldier, whose ex-wife had 'spent her share' after their split, fought off her bid for a slice of his...
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Businesses that suffered consequential losses in the London riots in 2011 (and their insurers) will welcome the Court of Appeal's decision that where loss is due to riot, the amount of compensation that can be claimed under the Riot (Damages) Act 1886 ...
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Under the old law relating to cartels, it was necessary to prove dishonest intent in order to obtain a criminal conviction when companies engaged in price fixing, market manipulation, bid rigging and so on. The civil law provides that breaches of competition...
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If you supply electronic products (telecommunications, broadcasting and e-services) to non-business customers through online sales, you should start thinking about how you will comply with the new VAT 'place of supply' rules that will come into force on 1...
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Child custody battles involving an international element are becoming increasingly frequent as the world becomes more and more a global village. When relationships between people of different nationalities break down, it must then be determined with which...
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A photographer who had taken a picture of pop stars Ke$Ha and LMFAO has received a settlement of £20,000 after the Patents Court ruled that his copyright had been infringed . When he discovered that the picture was being used in promotional material...
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Leaseholders who wanted to take over management of their own flats had their hopes dashed after the Upper Tribunal (UT) ruled that misidentification of the landlord on a crucial document was an error which could not be cured. A company set up with a view...
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A lack of candour in contractual negotiations can lead to grave financial consequences, as was shown when an event management company that lost its only customer four months after signing a new five-year deal won the right to substantial damages. Company A...
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When a divorce leads to arbitration proceedings, which is not uncommon where the financial settlement is difficult to negotiate, the decision of the arbitrator can only be overturned by the court in exceptional circumstances, a leading judge has ruled. In ...
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It is commonly, but erroneously, thought that if content is on the Internet it is free to copy. However, this is not the case as copyright belongs to the creator of the content as soon as it is created. Unlike a trade mark or a patent, copyright does not...
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Often, it takes a dispute over something that is worth a lot of money to produce a judgment that clarifies the law. A recent case , involving a disagreement over a lease that required the tenant to build and maintain a steel-making plant and rolling mill,...
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Another tax case has shown how difficult it can be for landlords to justify a claim that their income is trading income for the purposes of claiming Business Property Relief (BPR) from Inheritance Tax (IHT). Where such a claim is successful, the taxable...
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Following recent reports that pre-nuptial agreements are soon to be given legislative support comes a case in which the current attitude of the courts towards 'pre-nups' has been made clear. It involved a wealthy couple who entered into a pre-nup just...
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Suppliers of goods to the public should be aware that the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 came into effect on 13 June 2014. The Regulations stipulate information that must be given to a consumer where...
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Normally, when a building dispute arises that leads to an adjudicator making an award in favour of one party, the award is simply paid and that is that. However, sometimes things are more complicated. Recently, a company went to the High Court arguing...