Latest News

Covenant Modified to Permit House's Use as Children's Care Home

The Upper Tribunal (UT) recently granted modification of a restrictive covenant to allow a house to be used as a children's care home . The house was on a small residential estate. All the houses on the estate were bound by covenants restricting their use...

High Court Makes Parental Order in Respect of Baby Boy

When a child is born via a surrogacy arrangement, the legal parents are the surrogate mother and, if they have consented to the arrangement, her spouse or civil partner. The intended parents must apply for a parental order or adoption in order to become the...

Local Authority Reprimanded After Data Protection Breach

The Information Commissioner's Office (ICO) has issued a reprimand to a local authority in respect of a breach of Article 5(1)(f) of the UK General Data Protection Regulation. The local authority had included a spreadsheet in its response to a Freedom of...

Man Awarded Costs Against Brother in Will Dispute Case

A man who successfully challenged his mother's final will is likely to recover the lion's share of his legal costs after the High Court ruled that his brother, who attempted to uphold the will's validity, should pay his costs on the indemnity basis . In...

HSE Publishes Ill Health and Injury Statistics for 2023/24

The Health and Safety Executive (HSE) has published its annual statistics on ill health and injuries in the workplace for the year 2023/24. The number of employees who reported suffering from work-related ill health was 1.7 million. This is broadly...

Right to Manage Application Invalid, FTT Rules

The Commonhold and Leasehold Reform Act 2002 gives leaseholders the right, under certain conditions, to take over the management of the building they live in. When attempting to exercise this right, however, it is vital to comply with the requirements set...

Appeal Against VAT Penalties Partly Successful

A company has succeeded in reducing VAT default surcharges of more than £9,000 after the First-tier Tribunal (FTT) found that HM Revenue and Customs (HMRC) had not demonstrated that a notice in respect of an earlier default surcharge had been...

Share of Maltese Properties Liable to IHT

A deceased man's sister and executor has failed to convince the First-tier Tribunal (FTT) that no Inheritance Tax (IHT) was due on his share of a number of properties in Malta. The man and his siblings had inherited an interest in the properties from...

Court of Appeal Sets Aside Financial Remedy Order

The Court of Appeal has upheld a man's argument that the financial remedy order made on his divorce should have been set aside because the wife had given inaccurate evidence about an important asset. The couple had met in Singapore, where the wife was...

Landlord Successfully Appeals Against Rent Repayment Order

The Upper Tribunal (UT) has upheld a challenge to a rent repayment order made against the landlord of a house in an area designated by the local authority as subject to additional licensing of houses in multiple occupation (HMOs). The landlord had let the...

Woman Had Capacity to Revoke Will, High Court Rules

When disputes arise as to the validity of wills, the evidence of the deceased's solicitors can be crucial. In a recent High Court case concerning whether a woman had capacity to revoke her will , the Court attached considerable importance to the evidence of...

EAT Confirms Pre-termination Meeting Not Admissible

Under Section 111A(1) of the Employment Rights Act 1996 , evidence relating to pre-termination negotiations is inadmissible if an employee later brings a claim of unfair dismissal, subject to certain exceptions. The Employment Appeal Tribunal (EAT) recently...

House with Annex Eligible for Multiple Dwellings Relief

Although Multiple Dwellings Relief (MDR) from Stamp Duty Land Tax (SDLT) was abolished earlier this year, it can be still claimed in respect of property transactions that completed before 1 June 2024, so cases dealing with its availability can be expected to...

High Court Rules Disputed Property Was Partnership Asset

Partners in a partnership would be well advised to keep comprehensive documentation at every stage in case disagreements arise in the future. In a recent case, whether or not a residential property was a partnership asset became the subject of extended court...

NHS Trust Can Rely on Parental Consent to Girl's Treatment

In a recent case involving an application to permit naso-gastric feeding of a 12-year-old girl, the High Court considered how to resolve an apparent conflict between the Code of Practice to the Mental Health Act 1983 and common-law authorities around...

Equestrian Safety Products Were Not Copyrighted Works

If you believe that a competitor has made unfair use of your intellectual property, it is essential to obtain expert advice as soon as possible. Recently, a company that sold equestrian safety clothing failed in its High Court copyright infringement claim ...

Uncooperative Husband Ordered to Pay Ex-Wife £12.5 Million

When a party fails to disclose assets in divorce proceedings, the courts are entitled to draw appropriate inferences from the non-disclosure. This was demonstrated in a recent case in which the Family Court described the husband's conduct of the...

Preventing Workplace Sexual Harassment - ECHR Templates

The Equality and Human Rights Commission (ECHR) has published templates for employers to help them prevent sexual harassment in the workplace. The Equality Act 2010 defines sexual harassment as unwanted conduct of a sexual nature, which has the purpose...

Delayed Dividend Taxable When Received, Upper Tribunal Rules

HM Revenue and Customs (HMRC) have been unsuccessful in their appeal against a decision that a dividend received by a man in the 2016/17 tax year was paid for Income Tax (IT) purposes in that year, even though another shareholder had received the dividend in...

Telecoms Provider Loses Discount Offer VAT Appeal

A telecoms provider has lost its appeal against a decision that, where customers were offered discounts for early payment, VAT was payable on the full amount charged if the discount was not accepted. Between 1 January and 30 April 2014, the telecoms...
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