Latest News

Parental Order Granted in Respect of One-Year-Old Boy

The Family Division of the High Court has granted a couple's application for a parental order in respect of a boy who was born to a surrogate mother in California. The case raised an important welfare issue in that the intended parents were both in their...

Appeal Against Dismissal of Boundary Determination Fails

The Upper Tribunal (UT) has rejected a landowner's appeal against the dismissal of his application for the determination of a boundary between a strip of land he owned and the garden of a neighbouring house. He had originally owned a large house with...

Fashion Retailer Defeats Allegations of Design Infringement

A fashion retailer has successfully defended a claim of infringement of unregistered design rights brought against it by a clothing designer. The designer mainly promoted herself through social media. Her work had achieved recognition in two fashion...

Taxpayer Had Reasonable Excuse for Failing to Submit Return

A taxpayer who had completed her tax return but had not taken the final step of submitting it has successfully appealed against late filing penalties totalling £1,600 after the First-tier Tribunal (FTT) ruled that she had a reasonable excuse for...

Service Charge Reduction Set Aside on Appeal

A management company has successfully appealed against a service charge determination that resulted in a leaseholder's service charge demand being substantially reduced, on the basis that the First-tier Tribunal (FTT) had not properly explained its...

Court Refuses to Order Children's Return to Lithuania

The Family Division of the High Court has refused a mother's application for an order that her three children should be returned from England to Lithuania . The mother and father were both Lithuanian nationals who had met and begun a relationship in the...

No Transfer of Vicarious Liability Under TUPE, High Court Rules

When a transfer of a business takes place to which the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) applies, does any vicarious liability of the original employer to a third party for wrongdoing by an employee transfer to the...

Law Commission Recommendations to Modernise Wills Law

The Law Commission has published a report, Modernising Wills Law, containing its recommendations to reform the law governing wills. The recommendations are aimed at supporting testamentary freedom, protecting testators, and increasing clarity and certainty...

Restaurant Company Did Not Suppress Sales, FTT Rules

A restaurant company has partly succeeded in its appeal against VAT and Corporation Tax (CT) assessments and penalties raised by HM Revenue and Customs (HMRC), in a case which illustrates the importance of thorough record keeping. The company operated a...

Freezing Order Discharged Due to Lack of Full and Frank Disclosure

The High Court has discharged a worldwide freezing order and an access and imaging order applied for without notice against a holding company and one of its directors, finding that the application had been made without full and frank disclosure. The...

Restrictive Covenant Was Personal to Original Vendor

The Upper Tribunal (UT) has ruled that a restrictive covenant which required the owners of land to obtain approval from the vendor before a house could be built on it was personal to the original vendor and did not benefit his successors in title. The land...

EAT Upholds Appeal Against Driver's Additional Pay Award

The Employment Appeal Tribunal (EAT) has allowed an employer's appeal against a decision that there was an implied term in a lorry driver's contract that entitled him to be paid for additional hours worked beyond his intended normal working hours ( Brake...

High Court Settles Disagreement Over Funeral Arrangements

The High Court has ruled on a case in which a deceased man's son and daughter were unable to agree on the funeral arrangements that should be made for him. The man had been born in India but had lived in England for over 70 years. He passed away in...

Software Company Fined Over £3 Million After Cyber Attack

A software company that provides data processing services to organisations, including the NHS and other healthcare providers, has been fined more than £3 million by the Information Commissioner's Office (ICO) following a ransomware attack. The attack...

Husband to Buy Wife's Shares in High Net Worth Divorce Case

In a divorce case involving a couple with assets of more than £260 million, the Family Court has ruled that the husband should buy out the wife's shares in three private companies . The couple had started their life together with few assets. They had...

EAT Upholds Dismissal of Racial Harassment Claim

The Employment Appeal Tribunal (EAT) has rejected a man's appeal against the dismissal of his claim for racial harassment on the grounds that the incident did not happen in the course of employment and that his employer had taken all reasonable steps to...

What Happens if Someone Dies Intestate?

Making a will not only ensures your assets will pass to those you wish to benefit but also simplifies the administration of your estate. However, recent research from the Money and Pensions Service shows that more than half of people in the UK aged 50-64,...

Company Denied Costs of Improvement Notice Appeal

The Upper Tribunal (UT) has declined to set aside a decision of the First-tier Tribunal (FTT) not to make an order for costs in favour of a company which successfully appealed against an improvement notice served on it by the local housing authority under...

Tenant's Challenge to Service Charges Partly Successful

Tenants who are unhappy with the service charges they are asked to pay can apply to the First-tier Tribunal (FTT) for a determination of their liability to pay service charges. Recently, a tenant who made such an application succeeded in achieving...

Upper Tribunal Rules Doctor Was an Employee for Tax Purposes

The Upper Tribunal (UT) has concluded that a doctor who provided services to a hospital through a personal services company was an employee for tax purposes. The doctor had provided his services as a urologist to two hospitals through a company of which...
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