Latest Legal News

-
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...
-
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...
-
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. ...
-
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...
-
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...
-
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...
-
Termination or assignment of commercial leases can have many pitfalls, so cases involving tenants who wish to, or do, vacate let premises abound in the courts. A recent case concerning what seemed like a straightforward assignment of a commercial lease...
-
When a company's shares are sold and the business continues, it is usual for some form of warranty to be given with regard to the accuracy of any information provided to the purchaser. Sometimes there will be an 'earn out', which limits the risk to the...
-
Lidl has had an application to have 'Deluxe' registered as a Community Trade Mark rejected on the ground that it is not sufficiently distinctive in character to warrant trade mark protection. The trade mark itself emphasised the word 'deluxe': the...
-
When divorcing, a failure to make a complete and truthful statement of one's financial circumstances when ordered to do so by the court can prove to be a costly mistake, as a wealthy man has found. The millionaire executive lied in an attempt to hide his...
-
Under the Housing Act 2004 (as amended by the Localism Act 2011 ), any deposit paid under an assured shorthold tenancy must be paid by the landlord into a government-backed tenancy deposit protection scheme and significant penalties may await landlords...
-
There is a general rule that the loser pays the costs of a legal dispute. When an offer to settle a claim is made by a defendant, the legal costs of the person making the claim will be paid by the defendant if the case goes to court and the claimant is...
-
VAT law is clear that when a supply is made as a single supply, the VAT rate which applies is that of the principal supply. However, sales frequently include items that carry different rates of VAT. If it favours them (i.e. leads to VAT becoming payable),...
-
A woman who sued her ex-partner for a half share of his £500,000 home – on the basis that she and members of her family had put two years of toil into renovating the property before the relationship ended – has had her claim rejected by a...
-
It is exceedingly difficult to patent computer programs, although the code of a program is subject to copyright. The reason for this is that Section 1 of the Patents Act 1977 does not allow patent protection for computer programs. In order for a...
-
Residential landlords are reminded that since 1 December 2014, the Government has been carrying out a pilot scheme (currently only in parts of the Midlands) requiring checks to be made on the residency status of tenants and occupiers who have tenancy...
-
There have been hundreds of legal disputes relating to the division of property built up during a period of cohabitation by couples who are not married. The arguments arise on the break-up of the relationship or on the death of one of the cohabitants. The...
-
As the main contractor for major works on London Underground, electronics giant Siemens retained a subcontractor to install communications equipment at various stations. When the works did not progress as desired, a dispute arose between Siemens and the...
-
When trading losses (as calculated for tax purposes) are made, there are several ways these can be used, but in all cases, if no other relief is given, the losses are carried forward to be deducted from the first available trading profits of the same trade...
-
A company which failed to take adequate steps to secure its website against hackers has been hit with a £150,000 financial penalty after a malicious fraudster managed to download personal data relating to its customers, including more than a million...
-
Tenants are required to comply with the covenants in their leases and breaches of lease covenants can have serious implications, as a recent case shows. It involved a tenant (a car sales and repair business) that wished to end its lease, which ran for ten...
-
A one-armed businessman, who went to war with his former friends over control of a successful talent agency for amputee stuntmen, has been criticised by a judge for his determination to ‘jealously and selfishly’ guard his own financial interests....
-
A 'spiteful and wicked' husband, who branded his wife a psychopath in the midst of their £5.6 million divorce, has been hit hard in the pocket after a judge condemned him as a man who 'stops at nothing' to get what he wants . The man claimed that his...
-
A decision of the High Court that a provisional liquidator could be appointed following a 'without notice' winding-up application by HM Revenue and Customs (HMRC) should serve as a warning to companies whose VAT affairs are in arrears. The company in...
-
When there is a risk of confusion on account of the registration of a trade mark name similar to yours, prompt action is advised. Recently, well-known double glazing firm Anglian Windows noted that an application had been made by an unrelated company, which...