Latest News

Mental Capacity - Court of Protection Authorises Non-Consensual Caesarean Birth

Where people lack the mental capacity to make important decisions for themselves, judges will step in to ensure that their best interests are served, as was demonstrated by an unusual case in which the Court of Protection (CoP) authorised the planned...

Stamp Duty Land Tax Dodge Backfires

When a couple wished to avoid paying Stamp Duty Land Tax (SDLT) on the purchase of a property, they hit on what looked to them like a great idea. Instead of buying the property outright, they paid for it in two stages…a deposit, plus the purchase of...

Refused Planning Permission? You Are Entitled to Know the Reason Why

A fundamental principle of good government is that anyone on the receiving end of an adverse decision is entitled to know why it was made. In a case on point, the High Court came to the aid of a housing developer who could only speculate as to the reason...

Big Money Divorce Engages Family Judge in Company Valuation

Companies are notoriously difficult to value, and particular problems can arise when they form the principal assets to be divided in divorce proceedings. In a big money case on point, the High Court bridged a huge gulf between the value placed by a wife...

Constructive Knowledge - Employer Defeats Claim Thanks to Reasonableness Test

Under Section 15 of the Equality Act 2010 , an employer's duty to make reasonable adjustments for an employee who is disabled is only triggered if the employer has actual knowledge or could reasonably be expected to know (has 'constructive knowledge') of...

Widow Pays for Delay in Seeking Provision From Her Husband's Estate

If you feel that you have suffered a wrong of any kind, a delay in taking legal action can put paid to your chances of obtaining justice. A widow who was left nothing in her deceased husband's will found that out to her cost when her hopes of obtaining...

Motor Industry Worker Who Profited From Theft of Data Ordered to Pay £25,500

In November 2018, a motor industry worker, Mustafa Kasim, was given a six-month prison sentence for accessing motorists' personal data on his employer's computer system without authorisation and selling it to rogue telemarketers. The case was brought by the...

Hotel Under Duty to Protect Guests Against Third-Party Criminal Acts

Can businesses owe a duty to protect customers on their premises from the criminal acts of others? In a test case concerning a horrific attack on three hotel guests , the High Court has ruled that, in certain circumstances, the answer to that question is...

Don't Even Think About Doing a Property Deal Without Legal Advice

Property purchases are, for the majority of people, the highest-value deals they ever enter into and that is why they should never be undertaken in haste or without expert legal advice. A case in which an amateurish, home-made agreement led to years of...

Reasonable Endeavours Clauses Can Have Teeth

Unreasonable delay in fulfilling the terms of a contract is an unwise policy, as a recent dispute that ended up in the Court of Appeal shows. When a developer wished to build an ice-skating rink, its first priority was to secure a clear title to the...
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