Latest Legal News

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When the tenants of a commercial property held on a 125-year lease allowed their subtenant to use it in breach of planning permission, the owner of the freehold of the premises applied to the court for the head lease to be forfeited on the ground that the...
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The rules relating to VAT present many pitfalls and specialist advice should always be taken if there is any doubt over the VAT treatment of any significant transaction or series of transactions. In one striking case, the High Court had to come to the aid...
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A case in which the outcome of a $30 million dispute hung on the interpretation of a single word proves the point that the drafting of commercial contracts is not for the uninitiated and is better entrusted to legal professionals. An investment bank had...
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Merely making contributions to the family finances has, yet again, been ruled by the Court of Appeal to be insufficient ground to make a declaration that a long-term cohabitee is entitled to a share in the family house. The case arose after a couple, Mr...
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A judgment that generated a lot of column inches but had little practical effect was decided recently by the General Court of the European Union , when Skype (Skype Ultd) was denied the ability to register its name as a trade mark on the ground of its...
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Timing stipulations in commercial contracts can be inflexible and failure to comply with them can be very costly indeed. In a recent case , a building company's failure to submit an interim application for payment on time has resulted in a considerable...
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The welfare of children is always the principal concern of the court in care proceedings and the rights of their parents are of much lesser importance. In one case, a judge opened the way for adoption of a seriously ill baby boy after ruling that his...
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An intellectual property decision which surprised some when it was made in 2014 has been reversed by the Court of Appeal . It involved the importer and distributor of a branded pharmaceutical product which had an exclusive licence to use the product's...
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A recent case in the Technology and Construction Court (TCC) gave guidance on the potential liabilities of consultants and contractors when a building project goes wrong and the owner of the building alleges that the consultant has failed to warn them. ...
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The use of limited liability partnerships (LLPs) has become widespread since their introduction in April 2001. An LLP allows its members to have limited liability, which a ‘traditional’ partnership does not: in a traditional partnership, each...
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The value of a post-nuptial agreement in protecting wealth was illustrated recently when a property developer with assets said to be worth more than £30 million was able to persuade the court that a post-nuptial agreement signed by his ex-wife should...
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Businesses that deal with the public are reminded that legislation will come into effect soon to give consumers better protection under the law than they currently have. The Consumer Rights Act 2015 received the Royal Assent on 26 March and becomes law on...
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Changes to planning law that came into effect on 15 April 2015 will make it easier for several types of business to change the use of their premises as the rules that apply to the grant of planning permission for change of use between different use classes...
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It is often tempting to press on with things and not worry about details, but a recent case shows how much trouble can be caused when i’s are not dotted and t’s not crossed. The High Court was asked to grant a declaration that Fresh Trading...
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It is commonly thought that for input VAT to be reclaimed from HM Revenue and Customs (HMRC), a valid VAT invoice is an absolute prerequisite. However, HMRC are permitted to accept other evidence and, although this is discretionary, they are obliged by their...
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In a cautionary tale for any commercial tenant who thinks professional legal advice is an unnecessary luxury, a shopkeeper who would have been entitled to substantial compensation on the early surrender of her lease will go without a penny – after...
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Selling a company can be fraught with difficulties, particularly where payment for shares is deferred and the price payable is calculated on the basis of performance. In one such case , a disagreement between buyer and seller resulted in a round of costly...
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Copying the design of another company's product can prove expensive, as a manufacturer of ice cream vans found out to its cost recently. Although it may be considered that ice cream vans are all similar to one another, a company which has been making them...
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The settlement of the financial arrangements is often seen as the final step in the break-up of a marriage. Regrettably, in too many cases, the arrangements, which are set out in a 'family financial order' (FFO), are not adhered to and the proceedings...
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A property developer who lost a fortune when his bank pulled the plug and refused to finance his plans to build a luxury home within sight of the Gleneagles golf course will get his money back following a Supreme Court ruling . The developer bought a...
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The recent confirmation by the Court of Appeal that maintenance payable to a woman by her ex-husband should be substantially reduced as he approached retirement is a reminder that the courts can exercise discretion when determining such matters. The former...
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Disputes over what insurance policies do or do not cover are legion, and a recent survey carried out by the British Insurance Brokers' Association is a timely reminder of the risks of not knowing the scope and limitations of the insurance policies you buy. ...
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The general rule in tax law is that for a trading loss to be set off against other income in order to reduce a tax liability, the trade which incurred the loss must have been carried on 'with a reasonable expectation of profit'. Although the agricultural...
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To regular renters of cars, the stylised 'e' in the logo of Europcar will be readily recognisable. With its brand reinforced by an extensive recent television advertising campaign, the Enterprise Rent-a-Car 'e' logo will also be familiar to many. The...
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Few disputes are as bitter as family disputes and the court is not normally the best place to settle them. A recent case shows how easy it can be for relations between family members to break down. A young couple's 'grand design' to restore a crumbling...