Legal News
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...
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...
A factory worker who badly injured his ankle when a faulty machine suddenly activated has secured compensation from his employer. The worker was supervising the operation of a concrete press machine. After hearing a noise, he went to investigate and saw...
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...
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...
A woman has secured compensation totalling £82,500 after undergoing a hysterectomy during which she sustained damage to an internal organ. The woman had suffered from painful menstrual bleeding for some years. Her GP referred her to a consultant...
A woman who was left just £1 when her stepfather passed away has failed in her challenge to the validity of his final will. The stepfather had formed a close friendship with a woman he had originally hired as a cleaner in 2011. They shared an interest...
Under Section 20ZA of the Landlord and Tenant Act 1985 , a tribunal may grant a landlord dispensation from the requirement to consult tenants about significant works if it finds it reasonable to do so. Recently, a landlord who carried out urgent repairs to...
Tenants who feel that excessive service charges are being demanded of them are not powerless and can challenge the reasonableness of their charges before the First-tier Tribunal (FTT). Recently, the tenants of two leasehold flats succeeded in achieving...
A motorcyclist who was seriously injured when a car pulled out in front of him has had his claim dismissed after the High Court found it to be fundamentally dishonest. The accident happened in 2018, when the man was 26 years old. He was riding his motorbike...
A woman has succeeded in her unfair dismissal claim after the behaviour of a director of the company she worked for led her to resign from her job ( Hanson v Interaction Recruitment Specialists Ltd ). The woman had worked for her employer, a recruitment...
When a couple who have entered into a civil union relocate to another country, legal advice is essential to deal with any issues that may arise. Recently, a couple who had moved to the UK from France and were subsequently advised to dissolve their French...
A man has secured compensation after an accident while he was working in a restaurant left him with permanent damage to his sight. The man, who was 26 years old when the accident happened, was responsible for checking stock levels. He was dusting a shelf in...
In a ruling which will have wide implications for providers of finance, the Court of Appeal has ruled that three purchasers of cars are entitled to be repaid the commission paid from the lenders to the dealers in respect of their car loans. The purchasers...
The courts are often called upon to decide whether continued treatment is in the best interests of patients. Recently, the Court of Protection rejected an NHS trust's application for a declaration that it was not in a man's best interests to have a new...
The government has announced the rates of the National Living Wage (NLW) and National Minimum Wage (NMW) which will take effect from 1 April 2025. The new rates are as follows: The NLW, which applies to those aged 21 and over, will increase from...
A report has been published in the medical journal BMJ on the first eight cases in the UK of silicosis due to artificial stone. Artificial stone is commonly used to fabricate kitchen and bathroom worktops. It is easier to work with and more resistant to...
Whether a taxpayer has a reasonable excuse for a failure to comply with their obligations depends on the circumstances in which the failure arose, including the taxpayer's experience and their situation at the time. Recently, a taxpayer obtained permission...
The Personal Injury Discount Rate (PIDR), which has recently increased in Scotland and Northern Ireland, is under review in England and Wales. The PIDR is used in serious personal injury cases where damages are paid as a lump sum but are intended to meet an...
If a business objects to the registration of a UK domain name by someone else, it can seek to have the domain name transferred to itself through Nominet UK's Dispute Resolution Service (DRS). A major supermarket chain recently succeeded in securing the...
In certain circumstances, a person who has unlawfully killed another is precluded from benefiting as a consequence of their death, a rule known as the forfeiture rule and defined in Section 1(1) of the Forfeiture Act 1982 . However, Section 2 of the Act...
The High Court has approved a settlement worth almost £17 million in a tragic case involving a girl who suffered a brain injury during her birth. The girl was born in April 2019. Due to a number of clinical failures, she suffered fetal bradycardia,...
In a case concerning the employment status of part-time football referees , the Supreme Court recently concluded that the relationship between them and the company that provided their services demonstrated both sufficient mutuality of obligation and...
The Employment Rights Bill currently before Parliament will make it automatically unfair to dismiss an employee for refusing to agree to a variation of their contract. Recently, the Supreme Court considered this issue in a case involving a supermarket that...
An eight-figure settlement has been obtained for a boy who suffered life-changing brain damage after a lorry collided with the car he was travelling in. The boy was just 11 years old when the accident happened. As well as injuries to his face and chest, he...
When considering an application for the return of a child who has been removed from a country without a parent's consent, the courts' paramount concern will always be the best interests of the child. Recently, the High Court ruled that a young boy whose...
The High Court has rejected an application by a local planning authority (LPA) for permission for statutory review of a planning decision under Section 288 of the Town and Country Planning Act 1990 . A developer applied for permission in principle (PiP)...
In a surprising yet exciting turn of events, Richard Durrant , head of Boys & Maughan’s conveyancing team, has announced his departure from the firm to pursue his lifelong passion for coaching cricket. After 18 years of dedicated service, Richard...
The Upper Tribunal (UT) has upheld a homeowner's appeal against a decision that he had not acquired a right of way over part of a driveway belonging to one of his neighbours. The row of houses in which the man and his neighbour lived had originally been...
A man who slipped on a wet floor during a fitness class has been awarded damages of £8,000. The man was taking part in a circuit training session at a leisure centre and was running a lap of the hall when he slipped. He fractured his left wrist and...
Boys & Maughan has been recognised by the Chambers and Partners, a leading authority in legal rankings, recognising its expertise in navigating family law matters. Chambers UK Guide 2025 said, “The family department at Boys & Maughan has...
The courts have powers to deal with protests or other actions that disrupt the day-to-day activities of people and organisations, even when those responsible cannot be identified. Recently, the High Court granted a continued injunction against persons...
An 82-year-old former railway worker who was exposed to asbestos at work has secured compensation from his former employer after being diagnosed with mesothelioma. The man had worked on and off for his employer for 30 years, starting when he was just 15....
Court and tribunal hearings usually take place in public, as part of the principle of open justice. However, a judge can decide to hold a hearing in private if it is deemed necessary for the proper administration of justice. Recently, the Court of...
A man who fell down a flight of stairs in his apartment building after the lights went out has received compensation for the injuries he suffered. The man, who is in his 70s and had recently been widowed, was walking down the stairs from his apartment when...
The Employment Rights Bill, which formed part of the legislative programme outlined in the King's Speech, has now been introduced into Parliament. Some of the key provisions included in the Bill are: Workers on zero-hours contracts will be entitled to...
The High Court recently upheld a claim that an elderly man's final will was invalid on the grounds that he lacked testamentary capacity. The man and his wife had made mirror wills in 1985. After their eldest son sadly died in 2007, they made new mirror...
Boys & Maughan’s family and property litigation teams have earned recognition in the 2025 edition of The Legal 500, ranking among the best in Kent, Surrey, and Sussex. This respected guide evaluates the top lawyers and law firms across the UK. ...
The Family Court recently considered an application by the parents of a 15-year-old boy for authorisation to accept a gift of a share in a property on his behalf, in exercise of their parental responsibility. The boy's father owned a property in...
The High Court recently ruled on a claim by AGA Rangemaster , the manufacturer of AGA cookers, that a company which also supplies range cookers had infringed its trade marks. The company's cookers were fitted with an electric control system, which could...
A woman who discontinued her personal injury claim after evidence was obtained indicating that she had exaggerated her injuries has agreed to pay £323,000 in costs. The woman had undergone gastric banding surgery in 2005. She brought claims against...
A motorcyclist who was hit by a car at a junction has secured damages for the injuries he suffered. The 78-year-old man was riding his bike when a car failed to stop at a give way sign and pulled out in front of him. He braked and tried to swerve around the...
The Financial Conduct Authority (FCA) is proposing changes to the safeguarding regime that applies to payments and e-money firms, in order to better protect customers. Funds held by payments firms are not covered by the Financial Services Compensation...
Where a partnership's members include one or more companies, the profits of the partnership are calculated as if its trade was carried on by a company, by virtue of Section 1259 of the Corporation Tax Act 2009 . Recently, the Upper Tribunal (UT) ruled...
The Employment Appeal Tribunal (EAT) has confirmed that where a provision, criterion or practice (PCP) puts people with a protected characteristic at a disadvantage, protection from indirect discrimination under Section 19 of the Equality Act 2010 can...
A tyre refurbishment company has been prosecuted by the Health and Safety Executive (HSE) after a worker was injured by a tyre buffing machine. The worker was drawn into the machine by his T-shirt as it was freewheeling to a stop. He came into contact with...
A homeowner has successfully argued before the Upper Tribunal (UT) that an application by the owner of adjoining land to modify a restrictive covenant should be refused . A small cottage had originally stood on the adjoining land, but had been badly...
A man who let a house to a company which in turn let rooms in it to tenants has succeeded in his appeal against a rent repayment order after the Upper Tribunal (UT) concluded that he was not the tenants' immediate landlord and therefore no such order could...
A woman who was injured when she slipped on a wet floor in a hotel room has secured compensation from the travel operator that provided her holiday. The accident happened on the day she was due to fly home after a package holiday in Morocco. She and her...
When deciding whether it is in a patient's best interests to continue life-sustaining treatment, the courts will look to the patient's views and beliefs, where known, as well as the medical evidence. In a sad case concerning a 66-year-old man in a state of...
