Latest Legal News

Licence Revocation Threat Averted by Prompt Action

Government regulatory decisions can have an instant and catastrophic impact on businesses, but prompt legal action can ensure that such damage is not unfairly inflicted. The point was made in the case of a company whose licence to warehouse duty suspended...

Commercial Surrogacies Abroad Are Not Illegal - Court of Appeal Ruling

Although commercial surrogacy businesses have long been banned in the UK, the Court of Appeal recently ruled that a clinical negligence victim would not be breaking the law were she to enter into such an arrangement in California, where a more liberal...

Digital Filing - Bar Set High for Opt-Out

The 'making tax digital' project will require VAT-registered businesses to submit their VAT returns online from 1 April 2019 and to use accounting software that is integrated with the Government's digital gateway to do it. This in turn means, in effect, that...

This Is Why You Need Professional Support to Protect Your Trade Marks

The validity of trade marks can be challenged post-registration and that is one good reason why it is essential to enlist professional support in protecting them. In a case on point , the Cypriot authorities had their own disorganisation to blame after they...

Landlord's Redevelopment Plans Must Not Be Conditional

A recent case in which a landlord sought repossession of a property from its tenant on the ground that it intended to redevelop the property has gained a great deal of attention, but may not be as important as it first seems. The facts of the case were that...

Procedural Unfairness Stops Council Care Action

When the mother of a teenage daughter who had been taken into care in 2016 with her agreement had another child, the local council's social services department became involved. The woman's daughter had been removed from home as a result of her mother's...

Just Because a Debt is Small...

Many people think that the costs and difficulty of litigation mean that it is not worth pursuing relatively small debts. However, a High Court case in which a carpenter won the right to be paid for his work on a building project showed how wrong that...

Does Your Business Owe the Tax Man?

If your business is struggling to meet VAT and other tax payments on time, take advice quickly. The decision by the Government to restore 'Crown preference' regarding debts due to the Exchequer from April 2020 could impact negatively on you. Leaving aside...

Court of Appeal Guidance on Use of Pay Less Notices

When a construction dispute arises and a pay less notice is issued, the Housing Grants, Construction and Regeneration Act 1996 requires that the notice should specify the sum considered to be due and the basis on which that sum is calculated. In a recent...

Trade Marks and the Territorial Limits on the High Court's Jurisdiction

UK and EU trade marks are a highly effective means of protecting your brand – but they are subject to territorial limits. The High Court made that point in ruling that it had no power to entertain infringement proceedings brought by British airline...

Gold Visas Scheme Relaunch With Vetting Proposed

The Government has taken steps to halt the 'Tier 1 Investor' visa scheme after it became clear that it was being used to launder the proceeds of criminal activity and tax evasion. The scheme allowed wealthy individuals to enter the UK and obtain indefinite...

UK Fairness Test Mitigates Italian Pre-Nuptial Agreement

The law relating to the division of family assets on divorce varies widely across the world and the UK is generally regarded as one of the fairer jurisdictions for such financial arrangements in that the assets tend to be divided more equally than in many...

What is a 'New Building' in Planning Terms? Court of Appeal Guidance

Can a building which incorporates parts of structures previously on the same site be described as 'new'? In upholding an enforcement notice that required total demolition of three residential buildings, constructed in breach of planning control, the Court...

ICO Publishes Technology Strategy for Next Three Years

One of the more interesting aspects of the new Technology Strategy document published by the Information Commissioner's Office (ICO) is that it specifically identifies Artificial Intelligence as a data protection risk to individuals and concludes that it...

Does a Director Need to File a Tax Return?

There is a widespread belief that every UK company director has to file a tax return. Indeed, the Government's own website suggests that being a company director alone means you should register for self-assessment and file a tax return annually. However,...

Financial Ombudsman Service Remit to be Extended to Cover More Small Businesses

The Financial Ombudsman Service (FOS) exists to deal with complaints between financial service businesses (such as banks, insurance brokers, and loan and mortgage providers) and their customers – some of which are also businesses. Access to the FOS is...

Tenancy or Licence? Security Company Wins Possession Order

The distinction between tenancies and licences to occupy premises is crucial but not always easy to draw. A High Court case where this proved central concerned an agreement by which a security company allowed a man to occupy a vacant office block in order...

Misled Mother to Lose Home

It may sound overcautious to say so, but it is always worth taking legal advice before entering into any significant arrangement, even when it is with a trusted member of the family. Failing to do so has proved to be an expensive lesson for a woman who has...

Small Business Data Protection Law Compliance Checklist

The Information Commissioner's Office (ICO) publishes a great deal of useful information for all organisations on data protection and compliance with data protection law. The ICO has recently updated its guidance on exemptions from some of the rights and...

All Change for VAT on Vouchers

If your business issues vouchers, you should be aware that the VAT regime will change significantly on 1 January 2019. From that time, the VAT treatment of a voucher will depend on whether it is a 'single purpose' voucher or a 'multi-purpose' voucher. A...

Late Appeal is Void Appeal for Property Owner

When the owner of a property that had been designated as a house in multiple occupation (HMO) by his local council in 2001 chose to challenge that ruling some 15 years later, the council refused to review the decision. The property owner claimed to have had...

Recalcitrant Husband Banned From Paying His Lawyers Until Arrears Cleared

It is commonplace for one spouse to control the family finances and, while relations are amicable, this usually causes few issues. However, if the relationship falls apart and separation or divorce is in train, this is often no longer the case. When a...

Director Who Flouted Ban Given Jail Sentence

Ignoring a court ruling is a foolish strategy at any time – as a man who continued to act as a director after having been banned from doing so found recently. In 2011, the man had agreed to a four-year ban after being involved in the running of a...

Confidential Information Leakage Stopped by Injunction

One of the biggest dangers when a senior employee leaves an organisation is the ease with which they can spirit away confidential information of importance to the business. Data is a critical asset for many businesses, and as well as the sanctions which may...

Forfeiture for Rent Arrears - Commercial Landlords Take Note!

In a decision that will be essential reading for property professionals, the High Court has ruled that landlords who invoke the statutory commercial rent arrears recovery (CRAR) regime may thereby waive any right they have to forfeit leases. Landlords who...
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