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Employers - Are You Treating Misconduct Cases Consistently?

Some forms of workplace misconduct may appear so serious as to obviously justify dismissal as a matter of common sense. However, as an instructive decision of the Employment Appeal Tribunal (EAT) showed, the need for even-handed fairness and consistency is a...

Care Not a Deprivation of Liberty

Care orders for children that result in them being taken away from their parents are not made lightly. When a 14-year-old girl was assessed as having 'a range of complex therapeutic needs' that made constant supervision and care essential, the decision was...

Grand Design Couple Triumph in Capital Gains Tax Test Case

Those who make a profit on the sale of their principal private residence do not have to pay Capital Gains Tax (CGT) on it. However, as a test case concerning a couple who built their own home showed, that apparently simple statement disguises a hinterland of...

Resolving Disputes in the Boardroom

Boardroom conflict can often mean directors falling into opposing camps, with deadlock the result. As a High Court decision shows , taking legal advice is often the only means of achieving a resolution. The case concerned a holding company that was formed...

Long-Term Partner Wins Right to Stay in House

Those who doubt the legal advantages of getting married should take note of a case in which an elderly man was left facing homelessness after his partner's unexpected death and had to go to court to seek reasonable provision from her estate. The unmarried...

Changes to the Definition of HMO - Landlords Take Note

With burgeoning numbers of students and a continuing housing shortage, residential property for letting has been a popular investment for several years. Many such investments are in houses in multiple occupation (HMOs) and landlords of large HMOs (which are...

Debranded Goods Still Protected by Trade Mark Law

Products sell for widely differing prices in different national markets and that creates the opportunity for goods to be transferred from a low-price market to a higher-price one – a practice known as 'grey importing'. This can undermine the...

Residents' Association Pays Price for Failing to Take Professional Advice

Many blocks of flats are managed by a residents' association, which has the great advantage of affording tenants democratic rights of self-determination. However, as a decision of the Upper Tribunal (UT) showed, such bodies bear onerous, and often complex,...

Whistleblowing - Information or Allegation?

In Cavendish Munro Professional Risks Management Limited v Geduld , the Employment Appeal Tribunal (EAT) established the principle that, for the purposes of the whistleblowing provisions of the Employment Rights Act 1996 , to qualify for protection a...

Law Overrides Will That Excludes Partner

The law that allows someone who was dependent on a deceased person during their lifetime to make a claim against their estate if there is no, or inadequate, provision for them in the will is one of long standing (the Inheritance (Provision for Family and...

Court Agrees to Correct Trust Error

We all make mistakes…and when a contract is set up the terms of which clearly do not reflect what was intended, the court can be asked to rectify it. A recent case shows that that approach can also be taken with regard to incorrectly drafted trust...

VAT - 'Pay Now, Appeal Later' Rule Receives Supreme Court Blessing

Unless they can show that they would suffer hardship as a result, traders who wish to challenge assessments to VAT are first required to pay, or at least deposit, the tax demanded before they can mount an appeal. That requirement has long been highly...

Supreme Court Says No to Divorce Based on Weak Unreasonable Behaviour Claim

The Supreme Court judges' decision to prevent a wife from divorcing her husband , which was made 'without enthusiasm', is expected to lead to calls for a rapid change in the law. The case arose after a wife's application for a divorce was opposed by her...

Time to Review Your Discretionary Trust?

When the Finance Act 2006 came into force, it introduced a ten-year charge on discretionary trusts containing 'relevant property'. Most discretionary trusts that were started after 21 March 2006, other than those covered by specific exemptions, will carry...

Registration of Property Owned by Foreign Entities

Under draft legislation now in Parliament (the Registration of Overseas Entities Bill), the Government is intending to establish a register of the beneficial ownership of properties in the UK where the property is owned by an overseas entity. The general...

Failure to Comply With Order Means Loss of Right to Present Oral Evidence

When attempting to negotiate any dispute it is important to assemble fully your arguments, so that you can state your case with the greatest vigour, and to comply with any directions issued by the tribunal. This is also true when a dispute is being...

Building Works Next Door Making Your Life a Misery?

Construction works on neighbouring properties can make your life a misery but, with the right legal advice, you may be able to do something about them. In a case on point, the High Court came to the aid of a woman whose rental property was deprived of light...

Zero Hours Contracts - Legal Protections Are Not All One Way!

The debate about zero hours contracts has very much focused on the perceived lack of protection they provide to workers. However, as a case concerning a student who worked part time in a restaurant shows, they do not necessarily work in the employer's favour...

Deliberate Mistruths in Estate Administration Mean Court Hearing

When an estate is to be administered, an application for probate must first be made if the deceased left a will. Once probate is granted, the process can begin. However, the mere granting of probate does not mean that all is said and done on the matter, as a...

New Guidance on Transfers of Data Abroad

The Information Commissioner's Office (ICO) has issued new guidance on compliance with the General Data Protection Regulation (GDPR) for organisations that transfer data out of the UK. Because the GDPR protects only data within the EU, it restricts...
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