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Latest Legal News

Force Majeure Attempt to Avoid Agreement Fails

Oil exploration is a risky business and industry contracts commonly make provision for unforeseen events that interrupt production – known to lawyers as 'force majeure'. Force majeure clauses are common in many other types of contract also. In a recent...

Get an Agreement - Especially Where Family Members Are Involved!

It is normal for money, often considerable sums, to pass between family members. However, when this is done without legal advice, it is only too common for disputes to arise as to whether or not the sums concerned were meant as gifts. Disputes between family...

Tax Mitigation Scheme Failure Proves Disastrous

Collecting debts is often a long and arduous process, but the use of bankruptcy proceedings can be an effective means of bringing matters to a head. That was certainly so in one case in which a businessman tried, but failed, to avoid bankruptcy in respect of...

Wife Seeking Divorce Fails to Prove English Domicile

London has gained a reputation as 'the divorce capital of the world' because settlements reached are, by international standards, very generous towards women. It is no surprise, therefore, that the courts in this country are a very popular choice of venue...

When is a Year More Than a Year?

When a landlord appointed agents to manage properties in London, it did so under an agreement for 12 months, which was specified to continue on a yearly basis until terminated by either party giving the required notice. The landlord failed, however, to give...

Asset Freezing Can be Costly

Asset freezing injunctions can be a crucial tool in commercial litigation – but applying for them is not for the faint-hearted. If a freezing order is granted, it can be cataclysmic for the owner of the asset, as it prevents them (in effect) from using...

Unmarried Partners and Widowed Parent's Allowance - Supreme Court Rules

A decision of the Supreme Court announced today has important implications for unmarried partners of people who have died. The case involved a woman from Northern Ireland who was denied Widowed Parent's Allowance (WPA) after her partner of 23 years passed...

Financial Claim Based on Support After Divorce Fails

The usual course of events on divorce is that there is a financial settlement which divides up the family assets as they are at that point in time. This takes into account the expected future income and need for income of the couple who have split up, based...

Unitary Patent

Obtaining a patent can be a rather arduous process, and it is therefore not surprising that sometimes thought is not given to the breadth of patent protection that is needed. The Unitary Patent (UP) is intended to solve the problem of having to undertake...

Failure to Meet Criteria Means Loss Relief Denied

There are all sorts of things one can do with trading losses under Corporation Tax (CT), but the fall-back position is that losses can be carried forward and set against the next available profits 'of the same trade'. That sounds very simple...and...

Landlords Caught by Tenant's Environmental Failings

A landlord that ignores the potential for problems caused by the activities of its tenant does so at its peril, as a recent case demonstrated conclusively . It concerned a company that recycled mattresses on a site it rented. It lacked any sort of...

Non-Disclosure is Fault of Policyholder Not Brokers

It is no real surprise that insurers are often not wildly enthusiastic about paying claims and will deny liability when they are able to do so. One condition which is normally present in a policy application is that the insured discloses any past criminal...

Greetings Cards Company Pays Price for Copyright Infringements

It is only right that those who make commercial use of others' creative ideas without permission should be hit hard in the pocket. Exactly that happened in a High Court case in which a greetings cards company was found to have serially infringed copyright...

Possible Separation From Mother Intolerable, Rules Court

Relationships that start on the Internet are already leading to some interesting situations. A recent family case involved a British woman who had met a Pakistani man online and married him in the USA, where the couple had two children. Her husband had...

Business Owners - How Secure Are You Against Sudden Eviction?

Business owners that fail to take legal advice and occupy premises on an uncertain basis are always at risk. In a High Court case exactly on point , a business college found itself locked out of its office block and embroiled in a costly dispute with the...

Registered Your PSCs Yet?

Every UK company is required to identify the people who are 'persons with significant control' (PSCs). Essentially, PSCs are the people who own or have significant control over the company. Their details must be lodged with Companies House. Surprisingly,...

Future Intention Leads to Tax Charge

The additional rate of Stamp Duty Land Tax (SDLT) is payable on purchases of 'additional dwellings' such as buy-to-let properties. A recent case dealt with the SDLT implications of the 2015 purchase of a house which the purchaser (a company) intended to...

Pre-Nup Upheld When Implications Understood

Family judges will approach pre-nuptial agreements with greater respect following a landmark Court of Appeal ruling in a 'big money' divorce case . The Court agreed with Lord Phillips' opinion in Radmacher v Granatino that failing to honour such...

New Planning Rules to Benefit Developers

Obtaining planning permission is often a tricky process and the delight in getting permission can be tempered by the local council adding a 'pre-commencement' condition specifying something that must be done. The result is a planning permission granted but...

Oral Contract Variation Invalid, Rules Supreme Court

The Supreme Court has decided a case which will be of significance to anyone who is used to making oral variations to contracts. The dispute involved a firm that had a licence to occupy office space provided by another company. The contract term was 12...

Data Protection Latest

You'd have to be living on Mars not to know that the General Data Protection Regulation (GDPR) is now in force. Its strict provisions must be complied with (the penalties for failing are swingeing) and it is practically impossible to run any organisation or...

Jail for Husband Who Flouted Court Ruling

Court orders have to be obeyed and those who defy them can ultimately be sent to prison. Exactly that happened in one 'big money' divorce case in which an 83-year-old businessman repeatedly tried to thwart his ex-wife. Following the end of the former...

Landlords - Children Count Too!

When a landlord appealed against his prosecution for breaking a planning enforcement notice with regard to a house in multiple occupation (HMO) he owns, he used a rather novel argument to justify exceeding the limitation on the number of residents of the...

Debt Management Company Investigation Brings Bans

There was a certain irony to a recent report that the directors of a debt management company – set up to offer advice and assistance to those with debt problems – have been banned from acting as directors for a total of 23 years after action was...

The Taxation of Termination Payments

The rules governing the taxation of termination payments have been tightened with effect from 6 April 2018 by means of legislation to amend Chapter 3, Part 6 of the Income Tax (Earnings and Pensions) Act 2003 . Hitherto, where the employee's contract of...
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