Latest Legal News

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All too often, the wrangling over the financial arrangements on divorce turns out to be lengthy, expensive and a cause of anxiety and anger. In order to reduce these negative aspects, Mr Justice Mostyn has released a statement outlining procedures designed...
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In June, the '.uk' top-level domain was launched. The .uk extension indicates an organisation in the UK, as opposed to the '.co.uk' one, which has been used for many years to indicate a commercial organisation in the UK. Most countries have domain suffixes...
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A revised Shareholder Rights Directive has recently been published that will give shareholders greater rights in the determination of executive pay. The proposed measures will apply to listed companies and, among many changes, will allow shareholders to...
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The relaxation of permitted development rights will mean that many holders of agricultural land will be able to develop buildings on their properties for residential purposes. In many cases the gains on such developments will be exempt from Capital Gains...
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Just because a new software product produces the same results, operates in a similar fashion or looks similar to pre-existing software does not mean that the copyright in the original software has been infringed. When the owner of a sophisticated business...
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The High Court has lamented the expenditure of almost £1 million in legal costs by a warring ex-couple whose acrimonious divorce had descended into a murky world of lies, private detectives, hidden assets and mutual accusations of skulduggery and...
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In a test case that entailed a lengthy analysis of the law of nuisance , a water company whose sewer was blocked by concrete in a freak accident has failed to convince the Court of Appeal that it is entitled to compensation for its loss. A construction...
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In a case which revealed that alternative dispute resolution is not always a panacea , the Court of Appeal has lamented the 'melancholy fact' that the parties to an apparently commonplace commercial dispute were still engaged in costly litigation more than...
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When the Australian Tax Office (ATO) made a request to HM Revenue and Customs (HMRC) for information about a number of UK companies, HMRC was happy to comply with the request, despite the fact that the companies claimed to have received no notice that...
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In an important victory for developers, which also represents a serious blow to those committed to preserving open spaces for public recreation, a campaigner has failed to convince the Supreme Court that a playing field which had been used by local people...
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When cohabitants with children break up, the legal responsibilities of the parents as regards the children are governed by the Children Act 1989 . If amicable arrangements as regards the children cannot be made, the Family Court will rule on matters such...
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The Court of Appeal has concluded that a product description which contains a geographical term can constitute 'passing off' if the product does not in fact come from the place named. The description of a product as 'Greek' (in this case Greek yoghurt)...
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There is all the difference in the world between deceit and hard bargaining, as a recent case shows. It involved a disgruntled company which failed to convince the High Court that it had missed out on a multi-million-pound oil and gas exploration deal due...
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Two leading investment banks have achieved tax savings of almost £100 million after the Court of Appeal accepted that schemes designed to avoid payment of Income Tax (IT) and National Insurance Contributions (NICs) on employee bonuses lawfully...
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When a tenant failed to include precisely the right wording for exercising its right to break its lease, the court ruled that use of the exact words specified was not necessary and therefore disallowed the landlord's claim that the break notice was invalid. ...
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When the state becomes involved in paying for care, there are often complications, as a recent case illustrates. It involved a mentally ill man who had spent almost half his life detained in psychiatric hospitals. He subsequently became the focus of a row...
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Trade marks are a fairly difficult area in law and challenges to the registration (or, if registration is granted, the validity) of trade marks are common. Words and/or logos can be trade marks, but to be acceptable for registration a trade mark must be...
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In a classic case of 'following the money', determined liquidators have succeeded in tracing £500,000 which was paid out of a company's bank account shortly before it became insolvent, owing more than £1.4 million to the tax authorities. The...
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The Court of Appeal has overturned the decision of the High Court that a firm of accountants had acted negligently when it failed to point out tax saving opportunities to a client when he sold his company. The accountants had failed to bring to the...
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A stay-at-home husband who claims that he sacrificed his own career on the altar of his investment banker wife's ambition has triumphed in a crucial round of their £11 million divorce battle, after the Court of Appeal accepted that he was 'habitually...
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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...