There has recently been a further case on long-term sickness and a worker’s right to accrue untaken annual holiday leave ( Fraser v Southwest London St George’s Mental Health Trust ). Mrs Fraser was on long-term sick leave after she injured her...
Although pre-nuptial agreements are persuasive rather than binding in the British courts, a recent ruling of the High Court on a French ‘pre-nup’ illustrates clearly the current approach of the courts. It involved a very wealthy French couple...
A rider who was injured after being thrown from her horse has won compensation of £37,000. The accident happened in 2007 when Ceri Tonkinson was riding in Cosmeston Country Park, near Penarth in Wales. The horse she was riding had only recently been...
When a property is owned by two people as joint tenants (where the title to the property is owned by each of them, so that if one dies, the other inherits the property by survivorship), each of them is considered to be the legal owner of the property. A man...
Creating a commercial database and keeping it up to date is an expensive business and owners of such databases often take precautions to make sure they are not used without permission. One method of doing this is for the owners of databases to plant...
A retired plumber who was diagnosed with mesothelioma after being exposed to asbestos at work has won £115,000 in damages. The man had worked almost exclusively for the same building firm between 1950 and the early 1970s. He was exposed to asbestos...
A North Somerset man has received a six-figure sum in compensation after a mistake during an operation on his heart led to him having to have a pacemaker fitted. Steve Edwards, 51, an NHS manager from Weston-super-Mare, was undergoing treatment for an...
When a supplier to a marquee company was not paid for goods it had supplied, the directors told the supplier that the company was waiting for an insurance claim to be settled, after which payments would be made as usual. In reality, there was no insurance...
The wave of litigation which has followed the turmoil in the financial markets as a result of the credit crunch has led to many decisions that have resulted in those suing financial institutions being left to lick their wounds (and also facing sizeable legal...
After years of litigation, a young woman who suffered life-changing injuries when she was hit by a car as a child has been awarded a compensation settlement worth more than £9 million. Leigh Ann Blinkhorn, now 23, was seven years old when the accident...
The Supreme Court has denied HM Revenue and Customs (HMRC) the right of appeal in a tax case involving a series of transactions that were carried out for no commercial purpose but which led to a tax saving by the taxpayer. The decision represents a blow for...
A court ruling that a spouse’s lottery winnings were not ‘matrimonial property’ so were not subject to the usual rule of equal division between the spouses when the marriage broke up received much publicity recently. The normal rule on...
The Ministry of Justice (MoJ) has now published its response to the recent consultation on proposals to criminalise squatting. The consultation paper, entitled ‘Options for dealing with squatting’ , received over 2,000 responses. As a first...
A man who was almost blinded after an accident at work has won an undisclosed amount in damages. Trevor Watson, 42, was working as a drainage engineer. He was instructed to take his truck to a hydraulic specialist because of a blockage in its jetting...
Under the Disability Discrimination Act 1995 (now superseded by the Equality Act 2010 ), when deciding whether or not an employer took sufficient steps to comply with its duty to make reasonable adjustments to remove a disadvantage faced by a disabled...
HM Revenue and Customs (HMRC) have announced that the Mortgage Verification Scheme (MVS), which was developed in co-operation with the Council of Mortgage Lenders and the Building Societies Association and run as a pilot scheme in March 2010, is now fully...
When a Jersey multi-millionaire gave most of his assets away to one of his daughters in the months prior to his death, leaving an estate of less than £100,000 to be shared by all three of his children, it was perhaps inevitable that a legal challenge...
An engineer who was seriously injured when he fell through a roof has won more than £164,000 in damages. The 66-year-old man worked for electronics and electrical engineering company Siemens. He was installing CCTV cameras at Liverpool Lime Street...
The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 , which came into force on 26 May 2011, made changes to the rules that apply to websites using cookies and similar technologies to remember a user’s preferences....
The scheme set up by the Government to assess the value of Northern Rock shares, for the purposes of deciding whether or not compensation was due to shareholders, concluded that without government support the shares would be valueless. A group of...
A woman who lost a filling when she bit into an oven chip has won compensation from the manufacturer of the product. Susan Stapylton, 60, was eating Aunt Bessie’s oven chips. She bit into something solid and dislodged a filling in one of her wisdom...
The Bribery Act 2010 came into force on 1 July 2011. Under Section 2 of the Act, it is an offence for a person to request, agree to receive or accept a financial or other advantage intending that, in consequence, a relevant function or activity should be...
In Williamson & Soden Solicitors v Briars , the Employment Appeal Tribunal (EAT) considered the employment status of a solicitor who was described as a partner of the firm and whose remuneration was by way of a ‘guaranteed profit share’...
HM Revenue and Customs (HMRC) have had difficulties in the past in checking on property sales to ensure that the ‘principal private residence’ exemption for Capital Gains Tax (CGT) is being used correctly. Notwithstanding the complexity of the...
A golfer who was hit in the face by a stray golf ball has received compensation for her injuries. Rachel Davis was walking back to the car park from the ninth hole at Branston Golf and Country Club in Staffordshire when the accident happened. The ball hit...
A Gulf War veteran who suffered life-changing injuries when he hit a pothole and was thrown from his motorcycle has won an undisclosed amount in compensation from the council responsible for the upkeep of the road. The accident happened in February 2009,...
HM Revenue and Customs (HMRC) have announced that, from 1 January 2012, supplies made by employers under salary sacrifice schemes (schemes whereby an employee accepts a lower salary in return for receiving certain benefits) will be treated as taxable...
When a marriage or civil partnership breaks up and there is a significant risk that one party may move assets (normally cash in bank accounts) ‘out of sight’, it is sometimes possible to obtain a ‘freezing order’ to prevent the sums...
The Forum of Private Business (FPB) has reported a noticeable increase in calls to its helpline from businesses that inadvertently included on their websites images that are protected by copyright and subsequently received demands for payment from the...
A recent case illustrates how strong the evidence must be before the presumption that a person making a will has the mental capacity to do so will be overturned. It involved an elderly woman who died leaving an estate of a little under £150,000. Her...
A retired man who has been diagnosed with an asbestos-related disease several decades after exposure has received more than £141,000 in compensation. For more than 20 years, the man worked as a labourer at a paper mill, where he operated a paper...
When a house is bought or sold, the prospective purchaser makes what are called ‘pre-contract enquiries’ in order to establish the exact details of the property being bought. These are normally in the form of a standard set of questions with any...
It is common for service charges to be paid ‘on account’ of the annual cost, based on estimates, and a final account to be made up some time after the year end, based on the actual costs incurred. However, not all landlords are diligent about...
There are generally strict time limits that apply when presenting a claim for unfair dismissal to the Employment Tribunal (ET). Normally, a claim must be lodged before the end of a three-month period beginning with the effective date of termination (EDT)....
Most people probably do not realise that a highway authority’s responsibility for keeping the roads safe to use is very limited. In practical terms, so many things can happen to a road that it would be unreasonable for the authority to be responsible...
A shopper who was injured when he tried to lift a faulty box containing flat-pack furniture has won £11,000 in damages. The man was shopping at a major supermarket when the accident happened. He wished to buy the furniture and was attempting to remove...
One of the rules that applies to the administration of estates is that whilst a person appointed as executor under a will can refuse to accept the appointment, once an executor ‘intermeddles’ in the estate, in principle he or she cannot then...
A man who suffered damage to his hearing as a result of exposure to excessive noise in the workplace has won compensation from his employer. William Shipman, from West Yorkshire, had worked in a variety of jobs for a packaging company. During his...
The penalties for engaging in anti-competitive behaviour are very substantial but, recognising that cartel (price-fixing) behaviour is difficult to detect, the Office of Fair Trading (OFT) has a ‘leniency programme’, which operates to give...
The cardinal rule in proceedings involving children is that the welfare of the child comes first. In some cases, the interests of individual children in a family are sufficiently different for them to be considered separately. In a case involving a...
The Government is proposing to integrate the operation of the Income Tax and National Insurance Contributions systems, as announced in the 2011 Budget. Following an initial consultation with businesses and other interested parties, to gather evidence on the...
A woman who missed out on her holiday after she fell down a set of temporary stairs at Birmingham International Airport has won £28,000 in compensation from Thomson Airways. Sheila Gilling, 69, was boarding a flight to Lanzarote when the accident...
When an elderly woman passed away, her daughter, who was her personal representative, realised that some of her late mother’s land was occupied unlawfully by three people. She brought an action against them , seeking to recover possession of the land...
The Ministry of Justice (MoJ) has issued for consultation proposals for introducing fees for those wishing to lodge a claim with an Employment Tribunal (ET) or an appeal with the Employment Appeal Tribunal (EAT). Currently, the system is free to use and in...
In order for an asset to be removed from an estate for Inheritance Tax (IHT) purposes, the donor of the asset must retain no benefit from it after the legal title to it passes. Complex ‘reservation of benefit’ legislation exists to ensure that...
A former professional jockey who was injured while working on an equestrian farm has won £22,000 in compensation. Jeffery Kear was working as an equestrian facilities manager at Stockland Lovell, near Bridgwater in Somerset. He had only been employed...
In July, the Equality and Human Rights Commission (EHRC) announced that it had applied to intervene in four cases due to be heard by the European Court of Human Rights, all of which were brought by Christian employees who claimed to be victims of religious...
When one business uses the trade marks of another, an action may be able to be brought for trade mark infringement and possibly also for ‘passing off’ – the term given to the situation in which a business attempts to profit by presenting...
The UK has been proceeding apace in its attempts to develop ‘green’ energy, and wind turbines are appearing all over the country – including in such seemingly unlikely spots as beside the M25. However, no matter what their benefits as...
A man who suffered a serious spinal injury as a result of a mistaken hospital diagnosis in 2000 has won an undisclosed amount in compensation. Liam Careless, now 23, was 12 years old when he was taken to Tameside Hospital complaining of paralysis in his...
A husband has lost his appeal against an order made in July 2010 for ancillary relief (the legal term for financial provision for an ex-spouse) that put family assets of £10 million, including £7 million held in two trusts, into the pool of...
