Legal News
Where an employer has unreasonably failed to comply with the Acas Code of Practice on Disciplinary and Grievance Procedures, an Employment Tribunal (ET) may uplift an award of compensation by up to 25 per cent, as a recent case demonstrates ( Smith v Amadeo...
A woman who was injured in a collision while skiing has commenced a claim for damages. The woman, who had never previously had an accident in more than 50 years of skiing, was on holiday in Austria when the accident happened. A skier behind her came too...
When entering into business relationships, it is always sensible to record any agreements in writing to minimise the risk of later disputes. The point was demonstrated in a recent case in which the High Court upheld a man's claim that he was entitled under...
A couple who let out a house in multiple occupation (HMO) have defeated an application for a rent repayment order under Section 41 of the Housing and Planning Act 2016 on the basis that they had a reasonable excuse for failing to license the property as an...
An NHS trust has been issued with a reprimand by the Information Commissioner's Office (ICO) for failing to respond to subject access requests (SARs) in a timely manner. Article 12(3) of the UK General Data Protection Regulation (GDPR) requires data...
A man who was seriously injured by a forklift at work, resulting in his lower leg being amputated, has received a substantial compensation settlement. The man, who was in his sixties, was helping to move poultry into a freezer. His leg was caught by a...
HM Revenue and Customs (HMRC) have announced that more than 11.5 million taxpayers filed self-assessment tax returns for the 2023/24 tax year by the deadline of 31 January 2025. HMRC had received 11,509,810 returns by the deadline, down slightly from...
The Employment Appeal Tribunal (EAT) has upheld an appeal against a decision of the Employment Tribunal (ET) that a bus driver was unfairly dismissed, finding that the ET had erred in substituting its own view for that of the employer ( Metroline Travel Ltd...
It is a general rule that payments in the nature of penalties may not be deducted for the purpose of calculating taxable profits. The Court of Appeal recently considered whether the rule prevented payments made to consumers and consumer organisations in...
Following extensive discussions with LGBT veterans, the government has launched the LGBT Financial Recognition Scheme to compensate those who were impacted by the ban on LGBT personnel serving in the Armed Forces, which was in place between 1967 and 2000. ...
In an unusual case, the High Court has ruled that a will a man had written on two pieces of cardboard should be admitted to probate. The will, which the man had made the day before his tragic death by suicide, left his house and most of its contents to a...
A man has secured compensation after a delay in receiving test results showing that he had tuberculosis. The man had visited a GP as he was experiencing excessive sweating. He returned to the GP surgery soon afterwards and a blood test was carried out, but...
The Upper Tribunal (UT) has upheld a decision to appoint a manager of a block of student flats under Section 24 of the Landlord and Tenant Act 1987 . The landlord of the block had let the flats to investment purchasers on long leases. A number of the...
The High Court has granted a man's application for a declaration that it was lawful for him to use an embryo created using his sperm and his late wife's eggs in treatment with a surrogate, despite his wife not having given written consent. The embryo had...
A man who used vibrating tools extensively in his work has secured compensation from his employer after he developed carpal tunnel syndrome. The man worked as a plater and fabrication fitter. He had initially been a self-employed contractor but subsequently...
The government has confirmed that, subject to Parliamentary approval of the regulations implementing the change, parents with babies in neonatal care will be entitled to Neonatal Care Leave from 6 April 2025. Neonatal Care Leave will apply to parents of...
Life is filled with changes, some of which can significantly impact your financial and personal circumstances. These changes often necessitate updating your will to ensure it accurately reflects your current wishes and protects the interests of those you...
The courts can assist homeowners whose properties are at risk of damage because of activities on nearby land. Recently, the High Court upheld an injunction requiring the operators of a hotel to reduce a build-up of earth on their side of a wall between it...
A professional motorbike racer who hit his head on a safety barrier after his motorbike left the track is set to receive compensation for the injuries he suffered. The 41-year-old rider was participating in a test day, which gives riders and their teams an...
In a decision it described as 'finely balanced', the Court of Protection recently ruled on whether it was in a woman's best interests to remain in her current placement in England or move to a new placement in Scotland, where she had previously lived and...
The Intellectual Property Enterprise Court has refused applications to strike out two claims of breach of contract, or alternatively for summary judgment on the claims, concluding in each case that the claim must go to trial . The claims involved two...
A six-figure compensation settlement has been secured for a student who was seriously injured when his motorbike was hit by a car. The accident happened when the car suddenly pulled out of a side road into his path. He was unable to avoid hitting it and was...
The First-tier Tribunal (FTT) has found that a man who delayed payment of tax because he was waiting to receive the proceeds of a share sale did not have a reasonable excuse for late payment. The man's tax liability for the relevant tax year was...
Businesses that rely on data supplied by third parties for marketing purposes should undertake timely due diligence to ensure that the necessary consent for such use has been obtained. The consequences of failing to do so were demonstrated recently when the...
The Family Division of the High Court recently refused an application for a 13-year-old girl's summary return to the USA , in a decision in which the girl's own objections to returning were a key consideration. The girl's American mother and British father...
A man who suffered serious injuries after he attempted to intervene in a fight between friends has obtained compensation. He was hit in the jaw and fell to the floor, losing consciousness. He suffered a broken nose, bruising to his face, and damage to four...
The Employment Appeal Tribunal (EAT) recently ruled that an Employment Tribunal (ET) claim brought nearly three months after the issuing of an early conciliation certificate was out of time, notwithstanding the fact that a second early conciliation...
Under Section 58A(6) of the Courts and Legal Services Act 1990 , a success fee payable as part of a contingent fee arrangement cannot be included in costs payable by the other party in litigation. The Supreme Court recently ruled on whether Section 58A(6)...
It is important for costs budgets in personal injury claims to be realistic and proportionate. This was emphasised in a High Court hearing in which a defendant successfully argued that the Court should depart from the usual principle that the unsuccessful...
The First-tier Tribunal (FTT) has found that work undertaken by a company to convert a warehouse into a car showroom qualified for Business Premises Renovation Allowance (BPRA), a 100 per cent tax allowance available between 2007 and 2017 on qualifying...
An inquest has concluded that a house fire which led to the deaths of an 86-year-old woman and her son was caused by an electrical fault in a tumble dryer. The inquest heard that they were likely to have been asleep when the fire broke out. They woke up but...
There is no general rule in First-tier Tribunal (FTT) proceedings that the unsuccessful party pays the successful party's costs. However, Rule 13(1)(b) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 allows the FTT to make an...
Sections 13 and 14 of the Housing Act 1988 provide a statutory scheme for landlords to increase the rent payable under an assured periodic tenancy by serving notice of the proposed increase on the tenant, who may then refer the proposal to the First-tier...
The Lord Chancellor's report on the statutory review of the Whiplash Injury Regulations 2021 has now been published and presented to Parliament. It was announced in May that the review had been completed, but publication was delayed until after the...
Under Section 11 of the Tribunals, Courts and Enforcement Act 2007 , an appeal to the Upper Tribunal (UT) against a decision of the First-tier Tribunal (FTT) can only be made on a point of law. This was illustrated by a recent decision in which the UT...
The Cyber Security and Resilience Bill, announced by the Government in the King's Speech, is to be introduced to Parliament this year. The UK's existing cyber security regulations, the Network and Information Systems Regulations 2018 , were inherited from...
When couples are divorcing, mediation is strongly recommended in order to reduce the time and expense involved in court proceedings. This was amply illustrated in a recent case in which the Family Court refused a husband's application to strike out an...
An accident that caused a worker to lose his leg has resulted in a £400,000 fine for a manufacturer of wood panels, following an investigation by the Health and Safety Executive (HSE). A pack of waste medium-density fibreboard (MDF) sheets, weighing...
Under Section 179(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 , a collective agreement is presumed not to be legally enforceable unless it contains a provision stating that the parties intend it to be so. However, terms in a...
In a case concerning whether a property in England fell within the scope of a bankruptcy order made in Russia, the Supreme Court has confirmed that, subject to certain exceptions provided for in legislation, interests in land and other immovable property...
Are you thinking about moving home or already marketing your property? When selling your home it pays to get prepared early – the faster you get your paperwork dealt with, the faster your sale will go through! When selling a property, there is a...
A man who regularly used vibrating tools at work has obtained a compensation settlement for the injuries he suffered as a result. The man worked as a rigger for many years, during which time he was exposed to vibration from the tools he used. He later...
The son of a farmer whose final will disinherited him has succeeded in his proprietary estoppel claim and his claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 . For a claim of proprietary...
As announced in the Autumn Budget 2024, the van benefit charge and the car and van fuel benefit charges are to increase from 6 April 2025, in line with the Consumer Price Index. The van benefit charge applies where an employer provides an employee with a...
The Health and Safety Executive has published statistics on asbestos-related diseases in Great Britain for 2024 . There are currently more than 5,000 deaths a year attributable to asbestos-related diseases, including mesothelioma, lung cancer and...
The Court of Protection recently had to decide whether a pregnant woman had capacity to decide whether or not to undergo a planned Caesarean section and, if she did not, whether the procedure was in her best interests. The 37-year-old woman had been...
According to research carried out by the Financial Conduct Authority (FCA), cryptoasset ownership in the UK is rising, with 12 per cent of adults now owning cryptoassets. The average value of cryptoassets held by individuals is £1,842. Those who...
The Employment Appeal Tribunal (EAT) has found that an Employment Tribunal (ET) erred in law in its consideration of what was required for harassment to be 'related to' a protected characteristic, and also erred in its approach to a complaint of...
A woman who became pregnant despite having undergone a sterilisation procedure has secured damages from the NHS trust responsible for her treatment. After the woman attended hospital to discuss sterilisation, it was agreed that a sterilisation procedure...
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...
