Latest News

Similar Product Names Do Not Always Lead to a Likelihood of Confusion

Rival products sometimes bear similar names but, when considering whether or not that is likely to cause confusion, judges place themselves in the shoes of average consumers. The High Court did just that in resolving a trade mark dispute in the cosmetics...

Tax Investigations - Judge Authorises Disclosure of Credit Card Bills

To what extent are the tax authorities entitled to delve into what would otherwise be your private financial information? The High Court tackled that issue in authorising disclosure of a wealthy businessman's credit card statements to HM Revenue and...

Court Returns Two-Year-Old to Land of Birth When Parents' Marriage Collapses

For a UK court to have jurisdiction over a family law case, it is necessary to show that at least one party to it has habitual residence in the UK. In a recent case, an Israeli woman divorcing her Israeli husband sought a declaration that their two-year-old...

HMRC Errors Lead to Loss of Tax

Although getting one's tax return right is to be recommended, there are many grey areas in tax and, when HM Revenue and Customs (HMRC) make mistakes at their end, the effect can be to exonerate the taxpayer from liability for all or part of the tax, interest...

Be Careful What You Post

Although the final result was not financial ruin for the defendant, a recent case illustrates how unwise it is to vent one's spleen on social media. It involved a firm of solicitors that had been involved in the sale of 'off plan' properties in Cyprus. This...

High Court Scotches Plans for £1.8 Million Holiday Park Expansion

Planning decisions would be unpredictable and merely arbitrary if they were not based on carefully considered policies that have been subjected to public scrutiny. The High Court made that point in scotching £1.8 million plans for the expansion of a...

Wealthy Online Investor in Bitcoin Futures a 'Consumer'

Can someone who trades in cryptocurrency futures or other sophisticated products via an online platform be viewed as a consumer? In a crucial decision for the investment sector, the High Court has answered that question in the affirmative . The case...

What Counts as 'Time Work'?

A recent case illustrates that decisions as to whether time spent by a worker who is on call counts as 'time work' for the purposes of the National Minimum Wage (NMW) legislation are highly dependent on the individual facts ( Frudd and Another v The...

Instruction Sufficient to Allow Third Party Reliance on Arrangements

The purchase of properties abroad is a process that can be replete with disputes and financial losses for the unwary or unadvised. Whilst some foreign countries have presented few issues, others have had more chequered histories. Recently, investors went...

Owner of Fire-Damaged Factory Triumphs in High Court Insurance Dispute

Almost all businesses are insured against fire damage but, when the worst happens, insurers are understandably anxious to make sure they do not pay out any more than they have to. That situation provides fertile ground for dispute, which was certainly so...

Time of the Essence in Overturning Agreements Made Under Duress

We have often stressed the importance of obtaining high-quality legal advice in any dispute and starting any necessary legal action as soon as possible, and a recent divorce dispute illustrates why . It involved a couple who were divorced in 2015. The...

LPA Error Means Court Appearance

It is normally essential when creating a legal document to get the procedures right, and failure to do so can cause unnecessary complications. A recent case dealt with the problem of what happens if a person creates a document that contains an error but...

Enabling Tax Non-Compliance

There are hundreds of thousands of companies in tax havens and the true commercial value added by them is probably trivial, whereas the tax avoided or evaded runs into billions, so it is no wonder that governments are mounting an ever-increasing effort to...

Breach of Trust Brings Jail for Fraudulent Trustee

Yet another sad case reported recently shows the wisdom of appointing only those who are absolutely trustworthy and/or insured professionals as trustees over your assets. The court heard how a trustee appointed to safeguard the assets of a 17-year-old boy...

Are Others Benefiting From Your Goodwill?

Many successful businesses have experience of others seeking to ride on the coat-tails of their expensively established goodwill. However, as was shown by one High Court case , expert legal advice can help ensure that credit is only given where it is due. ...

Tree Felling Without Permission Proves Expensive

Ignoring tree preservation orders can prove to be a very expensive mistake and if your property has a protected tree on it, you should make sure any order is understood and followed and any necessary permissions obtained. Felling a protected tree without...

No-Fault Eviction to End: Landlord and Tenant Law Revisions Likely

Talk to a tenant and the lack of security of tenure is often brought up as a significant issue. For landlords, the inability easily to obtain possession of a tenanted property can often cause angst. There is little dispute that a good-quality, settled...

CGT Loss Occurs When Payment Made, Not Before

When a personal guarantee has to be given in order to give a lender the security it needs, the guarantor hopes that the guarantee will never be called in. However, when it is, the loss suffered by the guarantor will normally qualify as a loss for Capital...

Phase Two of the 'Good Work Plan' - Protecting Vulnerable Workers

In July 2017, Matthew Taylor published his independent review on modern working practices, entitled 'Good Work' . The Government published its response to the review in February 2018 and launched consultations on how best to implement many of the...

Written Statement of Employment Particulars - Late Provision

The Employment Rights Act 1996 provides that all employees, whether part-time or full-time, are entitled by law to be given a written statement setting out the main particulars of their employment, provided their employment lasts for one month or more....
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