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Latest Legal News

One Reasonable Condition is Sufficient for Landlord

When a tenant wishes to assign a lease, it is usual for the landlord's consent to be required, and that consent can be withheld if there are sufficiently good grounds for so doing. In a recent case, a landlord was asked by a tenant to agree to the...

Failure to Address Expert Report Proves Costly

When a tenant of industrial land failed to adhere to a notice to quit the premises, the landlord brought a legal action under the law of trespass for its lost rental income – £12,000 per annum. The tenant did nothing and the landlord then...

HMRC Reliance on Guidance Not Justified

The various VAT 'flat-rate' schemes were originally set up with the ostensible purpose of simplifying the VAT process for those using them, while being essentially revenue neutral for HM Revenue and Customs (HMRC). A recent case dealt with a situation in...

GDPR - ICO Launches Awareness Campaign for Micro-Businesses

The EU General Data Protection Regulation (GDPR) replaces the Data Protection Act 1998 and comes into force on 25 May 2018. The new law gives individuals more control over how their data is used, shared and stored and requires organisations to be more...

Supreme Court Supports Mother Who Changed Mind Over Return to Australia

Divorces where there is an international dimension often present specific issues, and a recent case involving a couple who had been living in Australia before they separated is no exception, leading ultimately to a hearing in the Supreme Court . The...

Breach of Contract Claim Defeated Quickly

Some breach of contract claims are stronger than others, but even groundless cases come to court sometimes. However, with skilled legal representation, these can be identified and defeated at an early stage. In one case on point, the High Court struck out a...

Tenants Succeed in Avoiding Insurance Charges

When tenants discovered that their landlord had bought insurance over their flats, including the structure of the building, when they had already purchased insurance cover for themselves, the resulting argument ended up in the Upper Tribunal (UT) . The...

Everyone Has a Right to Know Who Their Parents Are - DNA Test Case

In a ground-breaking decision that prioritised the rights of the living over those of the dead, the Court of Appeal has opened the way for genetic testing of DNA extracted from a sample taken from a cancer victim before his death in order to clarify the...

Son's Casual Employment Proves Expensive for Dad

One area in which problems may not be anticipated is when a family member's status as a 'genuine' employee is disputed by HM Revenue and Customs (HMRC). For any expenditure to be deductible for tax purposes, it must be 'wholly and exclusively' made for...

Words, Not Intention, Determine Meaning of Contract

When disputes arise over the meaning of a contract, it is usual for the court to look first at what the wording of the contract means and then at the commercial logic of that wording. In a recent case , the dispute essentially turned on whether two...

Director Who Helped Herself Faces Music

It is hardly surprising that directors of companies that face insolvency often wish to recoup their investments before the balloon goes up. However, as one High Court case concerning a failed furniture retailer showed, they are not entitled to give their...

Court of Appeal Uses Real World Valuation Principles

An empty office block in Blackpool was given a rateable value (RV) of £490,000 by the local valuation officer, who made the valuation based on the expected rent for which the building could be let. The valuation was based on an assumed demand for a...

Seeking to Waive Dividends?

For a person who has no need of the income from a family company, a dividend waiver, which allows other shareholders to receive dividends but not the person who has executed the waiver, can be a useful device. However, the use of dividend waivers can...

Direct Contact With Both Parents Best Promotes Child Welfare

Family judges know that children normally do best when they have direct contact with both parents. The Court of Appeal underlined that point in a case concerning five ultra-Orthodox Jewish children whose transgender father had been ostracised by the close...

Incomplete Partnership Arrangements Lead to Court Appearance

When new partners are being introduced into a partnership, it is wise to finalise the arrangements quickly in case the partners fall out. Any lack of formality in the business arrangements can lead to trouble, as a recent case shows . The case concerned...

Incorrect Procedure Stymies Landlord

It is unusual when a case raises two different but significant points. A recent case dealt with issues raised when a landlord sought to obtain possession by 'peaceable re-entry' and the forfeiture of a lease when ground rent was not being paid. It...

Dealing With Breach of Patent

When you discover that a business has breached your patent, what should you do? The answer to this question has two elements. The first is based on what you can do in law and the second is based on business strategy. Firstly, before picking a fight with...

Copyright Law Still Applies on the Web

The idea that the Internet is a free-for-all is nothing more than a persistent myth and the consequences of publishing copyright material online without permission can be severe. In one case, a television news broadcaster found itself in hot water after...

No Pay, No Passport?

In a consultation paper published just before the December holiday season , the Department for Work and Pensions (DWP), which is the Government department that deals with child maintenance payment arrangements, outlined significant powers that would enable...

I'll Scratch Your Back and You Scratch Mine

HM Revenue and Customs (HMRC) have recently carried out research on the 'sharing economy' – by which people share skills, resources, time or property with one another without cash changing hands. There are a number of websites that facilitate such...

Refusal to Cooperate Spells Trouble

Being made bankrupt is never a welcome experience, but failing to comply with reasonable requests of the Official Receiver can make matters even worse. Once a person is made bankrupt, they are required to deliver a statement of affairs within 21 days and to...

In Principle Planning Permission

One of the bugbears of UK planning law has always been that a lot of work has to be done before a planning application can be considered because an outline planning application must be made, except for certain proposed brownfield developments. The process...

Serving Companies with Legal Documents - High Court Guidance

Although companies are independent entities in law, they can only act through natural persons and serving a company with a legal document can therefore be tricky. The point was illustrated by a High Court ruling that effective service of arbitration...

Trust is No Replacement for Legal Advice

Sadly, not all relationships that get off to a good start last, and it is vital to seek legal advice before entering into any financial arrangements, even with those who are closest to you. That point was clearly made by a case in which a woman attempted to...

Property Rights Wrangle Ends Up in Court

Dense tangles of rights of way, easements and other property rights are inevitable in the rabbit warren of heavily populated cities and are a common source of strife. Feelings ran particularly high in one High Court case concerning toilet facilities shared...
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