Latest Legal News

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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...
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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...