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Many of the most vulnerable members of society lack the mental capacity required to consent to being vaccinated against COVID-19. As a Court of Protection case showed , that fact can give rise to formidable legal difficulties. The case concerned a care...

Every internet user has had the experience of mechanically scrolling through densely typed terms and conditions before being granted access to a website – but are they worth anything in law? The High Court tackled that issue in confirming an online...

It is sadly true that bankruptcy proceedings are sometimes used by perfectly solvent individuals for purposes other than seeking to satisfy their creditors or manage their debts. However, as a High Court case showed, alleging such conduct is one thing and...

Trusts are delicate and often complex legal instruments and any flaws in the wording of documents relating to them can have grave tax and other consequences. As a High Court case showed , however, inadvertent drafting errors can be corrected. The case...

Strict contractual rights, no matter how clearly defined, may be impliedly waived by conduct. That principle came under High Court analysis in a dispute concerning stalled plans for the construction of a space age engine testing centre. Trustees of a unit...

When making your will, it is vital to remember those who have a right to look to you for financial support. As a High Court case showed, a failure to meet your duties to your dependants is highly likely to trigger a costly dispute – and ultimately...

Numerous businesses have sadly gone bust during the COVID-19 pandemic and, if you are amongst the many thousands of employees left high and dry, you should consult a solicitor without delay. A retail worker who did just that was awarded 90 days' pay by an...

Many commercial tenants who are experiencing cash-flow crises due to the COVID-19 pandemic have been constrained to stop paying rent and are racing to restructure their debts – but where does that leave their landlords? The High Court squarely...

If you are purchasing a property with a partner, friend, family member or anyone else, your solicitor is bound to ask you whether you intend to own it as joint tenants or tenants in common. A High Court case showed why that is likely to be one of the most...

The advent of the internet means that spotless professional reputations, built up over decades, can be traduced at the click of a button. As one case showed, however, if you are on the receiving end of such treatment, you don't have to take it lying down. ...

The legal concept of habitual residence is a notoriously slippery one, but the ease of global travel has rendered it ever more important in the field of family law. The point was powerfully made by the case of an orphaned schoolgirl who was born in Britain...

An increasing number of employers require job applicants to fill out online forms and to submit their CVs and covering letters digitally. They should, however, take careful note of a case concerning a dyspraxia sufferer who categorised such an approach as an...

The vexed distinction between employees and independent contractors is a constant source of dispute, not least in the realm of tax. Each case has to be decided on its own unique facts and, in one case, the Upper Tribunal (UT) ruled that a radio presenter...

Almost every business owner understands that feeling of desperation arising from cashflow problems. As a case concerning VAT due on a commercial property sale showed, however, treating tax liabilities as a can to be kicked down the road is never a sensible...

You are never too old to make a will, but failing to consult a solicitor before you reach advanced old age can be a positive invitation to dispute amongst your loved ones after you are gone. That was certainly so in the case of a woman who was 94 when she...

Commercial property leases can be long and complex documents, but it is often their most apparently simple clauses that give rise to dispute. That was certainly so in a High Court case concerning an airport hotel owner who was required to pay for its gas...

When people go missing and are not heard from for years, there has to be a point where the law recognises that they have died. The High Court performed that sad task in the case of a much-loved young man who vanished without trace over 30 years ago whilst...

Providing personal guarantees as security for corporate loans is for many businesspeople simply a price that has to be paid to achieve commercial success. As a High Court case showed , however, signing such a document is a momentous step that should never...

Poor quality property conveyancing is a sadly common source of neighbour disputes and that is why it is so crucial to engage specialist solicitors to do the job. A case on point concerned a poorly demarcated boundary which went unnoticed for years before...

Horseplay in any working environment is laden with risk for employers and that is certainly true of practical jokes. An Employment Tribunal (ET) resoundingly made that point in awarding almost £10,000 in compensation to an NHS worker who fell victim to...