Clarkson Wright and Jakes Ltd Banner Image

Insights

Latest News

Blended Families and the Inheritance (Provision for Family and Dependents) Act 1975

A Perfect Storm? The traditional family structure is changing, with more second marriages leading to both spouses having children from previous relationships. This can provide fertile grounds for a dispute, particularly if there is a lack of family bonding...

Nature of Play at Football Game is Key to Unlocking Injury Dispute

Personal injury matters often involve disputes regarding levels of risk and whether or not they were willingly taken by the claimant. This issue played a part in a case relating to an injury a man sustained during a game of football. During the course of...

Divorce Hits 50 Year Low. Why?

It has been reported by the Office for National Statistics that the number of divorces granted in 2022 were the lowest since 1971, down an astonishing 33,448 from 2021. The Office for National Statistics suggested that the numbers could have been affected...

Valuable Diamond is Crux of Assets Dispute in Court

The division of matrimonial assets is often the cause of protracted legal proceedings, where parties differ on what is due to whom. In a recent Family Court case , the question of whether or not a £2 million diamond formed part of such assets was the...

Expert Panel Appointed for Personal Injury Discount Rate Review

The Ministry of Justice has announced the appointment of an expert panel, who will consult with the Lord Chancellor on the ongoing review of the Personal Injury Discount Rate (PIDR). The PIDR helps to ensure that claimants receive full damages, including...

Incoming Bill Will Crack Down on Unfair and Anti-Competitive Practices

New legislation aimed at stamping out unfair practices and promoting competition in digital markets is set to come into effect later this year, after moving to committee stage in the House of Lords. The Digital Markets, Competition and Consumers Bill, which...

Pitfalls of the DIY Divorce

With everyone feeling the pinch in the current economic climate, it is not surprising that more people are taking matters into their own hands when applying for divorce or separation. The introduction of no-fault divorce in 2022 has simplified the procedure...

Do Doctors Have a Duty to Protect Patients' Loved Ones from Psychological Harm?

The impact of witnessing the sudden death of a loved one can never be underestimated, and in such instances people may be compelled to seek legal redress if they feel the death has been caused by another. A Supreme Court ruling has highlighted, however, how...

Ignoring Court Orders Will Always Result in Sanction

Failing to comply with court orders to bring children back to the UK, in instances where one parent has taken them abroad without the permission of the other, can come at a heavy cost. This point was underlined in a recent contempt hearing at the High Court...

Discriminatory Treatment Can Result in Costly Damage to Mental Health

Failing to take appropriate care when it comes to the mental health of employees can not only result in falling foul of employment law; it also comes with a risk of personal injury being inflicted. This was evidenced in an Employment Tribunal (ET) case...

Fraudulent Claim Conspiracy Prompts Exemplary Damages Award

The ripple effect of fraudulent personal injury claims continues to be felt by many members of society, as insurance premiums are driven up and genuine claimants pay the price. It is no surprise, then, that the courts take a dim view of fraudulent 'cash for...

Prisoner Unlawfully Evicted from Housing Association Flat Wins Damages

The concept of unlawful eviction may bring to mind a picture of a malign landlord changing the locks and throwing a vulnerable tenant onto the street. However, a case in which a serving prisoner's protected tenancy was wrongfully terminated during his...

Regulation of Non-Surgical Cosmetic Procedures Set to be Tightened

The government is expected to report back soon on findings from a public consultation regarding a proposed licensing scheme for non-surgical cosmetic procedures in England. The government brought forward an amendment to the Health and Care Act 2022 which...

Relationship Status Put Under Spotlight in Divorce Case

Divorce proceedings are rarely cut and dry, especially where the passage of time adds complexity to matters. This was certainly so in a recent case that required a Family Court judge to rule on the validity of a decree nisi . The case centred on the...

Fire and rehire - government response to consultation and updated code published

Dismissal and re-engagement, or “fire and rehire” as it is commonly referred to, is the practice of employers forcing contractual changes upon its employees by dismissing them and immediately offering new terms. Acas guidance states that...

Fire and rehire - Government response to consultation and updated code published

Dismissal and re-engagement, or “fire and rehire” as it is commonly referred to, is the practice of employers forcing contractual changes upon its employees by dismissing them and immediately offering new terms. Acas guidance states that...

Menopause symptoms and reasonable adjustments in the workplace

The equalities watchdog, the Equality and Human Rights Commission (“EHRC”) have provided guidance to companies to clarify their legal obligations toward women experiencing the menopause. Under the Equality Act 2010 (“EqA”) a person...

Update - Employment Tribunal Fees

Since July 2017, following a ruling by the Supreme Court, claimants wishing to bring a claim against their employer in the Employment Tribunal have not had to pay a fee. Prior to this, between 2013 - 2017, fees would range from £390 to £1,200,...

Amendments to flexible working legislation

From 6 April 2024, amendments to the current flexible working legislation will come into force. From this date, employees will be able to make a flexible working request from day one of their employment, rather than having to wait for the current 26 weeks....

First of Its Kind Air Pollution Personal Injury Claim Reaches High Court

The damaging impact of air pollution on public health has long been recognised, with poor air quality said to be the largest environmental risk to public health in the UK. Despite evidence of long-term exposure to air pollution causing a variety of chronic...

Will Execution - Remote Witnessing Legislation Expires

A legal amendment that was made during the COVID-19 pandemic allowing the witnessing of wills to take place via videoconferencing has officially expired. As of 31 January 2024, the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order...

Antiquated Contracts and Commercial Coherence - High Court Ruling

Where commercial agreements have been operating for many years, one party or another may well feel that they have become hopelessly out of date and unfit for purpose. However, as a High Court ruling showed , even very old bargains will be upheld if they are...

Psychotherapy Condition Leads to Contact Order Appeal

Wherever possible, the courts will do what they can to support contact between parents and children but, in some instances, that contact comes with conditions attached. The nature of such conditions was the cause of contention in recent appeal proceedings...

£20 Million Settlement Achieved for Traumatised Grenfell Tower Firefighters

Personal injury claims brought by 114 firefighters who attended the Grenfell Tower fire have been settled for £20 million in the High Court. The claims were lodged for personal injury and loss caused by alleged negligence and breach of statutory duty....

Beware of Builders Offering Cut-Price Work - Court of Appeal Cautionary Tale

Every householder should understand the dire risks involved in opening their doors to those promising to carry out cut-price building work. A Court of Appeal decision provided distressing examples of almost the worst that can happen . A householder...

Work From Home Dispute Raises Key Issue for the Modern Workplace

As the employment landscape continues to shift in the post-pandemic era, employees and employers can find themselves at odds when it comes to expectations of flexible and remote working. The issue was brought to light at Employment Tribunal (ET) proceedings...

Should Original Wills Still be Stored in Paper Form? MoJ Consults Legal Profession

The Ministry of Justice (MoJ) has launched a consultation on the storage and retention of original will documents by HM Courts and Tribunals Service (HMCTS). The consultation is intended as a means to challenge the current system of will storage and look at...

Family Court Transparency Pilot is Extended

The Courts and Tribunals Judiciary has announced the extension of a groundbreaking Family Court reporting pilot. The Transparency Implementation Group Reporting Pilot is being extended to 16 more courts across the country, after an initial run at the family...

Bank Relieved of Compensation Bill Despite Employee's Unfair Dismissal

Financial institutions are entitled to expect their staff to display a high level of probity. An Employment Tribunal (ET) made that point in denying compensation to a bank employee despite having found that his dismissal was unfair ( Johnson v Santander UK...

Brain Injury and Sports - Rugby Players Pursue Justice at High Court Hearing

In recent years, a spotlight has been placed on the risk of suffering brain injury as a result of concussions caused by contact sports. The matter has now reached the High Court, after a landmark hearing saw more than 200 rugby players apply for a group...

Court Ruling Underlines the Importance of Biodiversity in Planning Decisions

One of the positive effects of the green revolution is that biodiversity is now a vital factor in many planning decisions. As a High Court case showed , however, it is perfectly possible for an otherwise inappropriate commercial or industrial development to...

Failing to Make a Professionally Drafted Will Risks Tearing Your Family Apart

Many grieving families have sadly been torn apart by a loved one's failure to make a professionally drafted will. Exactly that happened in a High Court case concerning two brothers who fell out bitterly over which of them should take charge of...

Reasonableness of Exclusion Clauses in Hire Purchase Contracts Under Fire

In a ruling of particular importance to the motor sales industry, the reasonableness of exclusion clauses in hire purchase contracts which seek to avoid liability in respect of goods that are not of satisfactory quality has been thrown into doubt by a Court...

Consent is All - Seven-Figure Settlement for Spinal Cord Injury Victim

The general public places enormous trust in the medical profession, a reliance that is rarely misplaced. Where incidences of clinical negligence occur, however, specialist lawyers can prove invaluable, as was evidenced in a claim centring around the issue of...

The Importance Of A Financial Consent Order

Since the no-fault divorce laws were introduced in April 2022, more and more separating couples are opting to deal with divorce themselves via the online HMCTS divorce portal. However, there is often a misunderstanding that the divorce also deals with...

Grown Up Kids Staying On in the Family Home? What Does That Mean in Law?

Loving parents often allow their adult children to remain living in the family home for as long as they wish, in the expectation that they will, in due course, fly the nest. In a case that will ring a bell with thousands of families, the High Court...

New Companies House requirements

New accountability rules enacted to improve corporate transparency   Company directors, people with significant control of a company, or anyone who files information at Companies House on behalf of a company, must ensure they comply with new...

A Fair Redundancy Process Requires Consultation at a Formative Stage

A fair redundancy process requires consultation of affected employees at a formative stage when there is at least the potential for them to influence the outcome. The Employment Appeal Tribunal (EAT) succinctly made that point in finding that a recruitment...

Immigration System Detention Period Leads to Personal Injury Claim

Delays that occur within the UK's immigration system can have severe consequences for those being processed, as a recent case that sparked a personal injury claim showed. The claimant, a Nigerian national, had come to the attention of authorities in...

High Court Considers Limits on the Right of Parents to Name Their Children

Parents have a right to name their children and, in modern Britain, the options open to them are almost limitless. However, as a High Court ruling showed , there are rare occasions when a parental choice of forename may conflict with a child's welfare. ...

Under-Insured Commercial Property Occupier Wins Seven-Figure Damages

Fire is an ever-present threat to occupiers of commercial property and, all too often, they only discover after the ash has settled that they are under-insured. In one such case, however, the High Court came to the aid of a gifts retailer which lost...

UK Road Accident Record Placed in the Spotlight

The Royal Society for the Prevention of Accidents (RoSPA) has called for the government to commit to publishing a new road safety strategy for England, in the light of recent statistics that point to 'a dramatic lack of UK road safety progress over the...

Industrial Accident Victim Receives £350,000 Damages Award

Despite rigorous health and safety improvements over the years, industrial accidents are still not as rare as they could be. However, as a High Court case showed, it is a personal injury lawyer's mission in life to expose negligence and ensure that...

Inheritance - High Court Shows Compassion in 'Mercy Killing' Case

Where one person unlawfully kills another, the killer usually forfeits their right to inherit any part of the victim's property. As a High Court ruling in an exceptionally sad case showed , however, that general rule may be tempered by compassion in...

Supreme Court Upholds Holiday Illness Claim

Anyone seeking compensation after having their holiday ruined by illness would be well advised to gather as much evidence as possible in support of their claim. A case that went all the way to the Supreme Court indicates that such evidence will normally be...

Ten-Month Custodial Sentence for Fraudulent Injury Claimant

Most personal injury claims are entirely genuine, but there will always be individuals who seek to exploit opportunities to acquire compensation by dishonest means. As was shown by a recent High Court case, however, they do so at risk of serious sanction. ...

Latest HSE Statistics Highlight Prevalence of Work-Related Stress

Stress, depression and anxiety account for a large proportion of work-related illnesses experienced in Great Britain, according to the latest statistics from the Health and Safety Executive (HSE). Annual statistics on work-related ill health and workplace...

New Year - 5 Things HR Should Do

What are some of the key issues that HR should be thinking about over the next 12 months? Are Staff Handbooks and Employment Contracts up to date? We have received a number of requests recently to review clients’ policies and contracts.The New Year...

Employee Complaints

In a recent case we dealt with, our client had received a bullying complaint from an employee who didn’t want any formal investigation or action to be taken.  What are the risks here, and what should employers do in this situation? Much...

Do You Need A Social Media Policy?

Social media websites or apps are programs that allow people to interact socially by sharing videos, text or images.  The use of social media is fast-expanding in the workplace, and it is a high risk area for defamation and discrimination claims...

Always Seek Legal Expertise to Help Ensure Your Wishes Are Fulfilled

Having your will drafted by a professional involves only modest expense and has the great advantage of reducing the risk of your bequests being successfully challenged after you are gone. In a case on point, the High Court gave full legal effect to a...

Business Use of Residential Property - Upper Tribunal Strikes the Balance

Any proposal to make business use of a purpose-built residential property is likely to draw objections. However, as a case concerning the planned utilisation of an urban dwelling as a privately run home for children in care showed , neighbours' concerns,...

Allergy Rules Should Be Tightened for Restaurants, Says FSA

The Food Standards Agency (FSA) is urging the government to make it compulsory for restaurants to print allergy information on menus, in a bid to better inform consumers and limit the risk of extreme allergic reactions. There is currently no legal...

Family Succession to Secure Tenancies - Court of Appeal Clarifies the Law

In the realm of social housing, there are few more controversial issues than a child's entitlement to succeed to the secure tenancy of a parent on the latter's death. As a Court of Appeal ruling showed , however, succession rights may quite easily...

Are Bonus Clawback Provisions an Unreasonable Restraint of Trade?

Employment bonuses are commonly awarded on the basis that they must be paid back if recipients leave their jobs within a given period of time. In an important ruling, the High Court considered whether such clawback arrangements are capable of amounting to an...

Mum Starved of Oxygen After Giving Birth Receives Seven-Figure Payout

Serious injury or death in childbirth is thankfully a rare event nowadays. However, as a High Court case in which a mother received more than £5.5 million in damages showed, having a child can never be entirely free from risk. Shortly after her...

Who pays for contentious probate?

Probate is often a complicated and sensitive legal process, and disputes often arise in relation to the deceased’s person’s Estate and Will. The result of this is what is called “contentious probate” which often results in the case...

Latvian Road Accident Victim Receives £2 Million Award

Tourists or overseas workers who suffer accidents in the UK may feel that they are a long way from home, but they can be confident that English lawyers will pursue their damages claims with professionalism and vigour. That was certainly so in the case of a...

First Salvo in Bitter Inheritance Dispute Fired Before Deceased Laid to Rest

Making a will when your death is imminent is almost never a good idea and is often a positive invitation to dispute between your loved ones after you are gone. In a case on point, the first salvo in a tragic inheritance dispute was fired even before the...

Football Club's Crowd Control Challenge to Development Kicked Into Touch

Commercial property owners are often concerned that residential developments may prejudice their longstanding use of their premises. In a High Court case on point , a football club argued that planning consent was granted for thousands of new homes without...

Exposure to Toxic Substances at Work - Guideline Court of Appeal Ruling

Exposure to toxic substances at work is often cited as a possible cause of diseases developed later in life. However, as an important Court of Appeal ruling made plain, establishing the plausibility of such causal links may not, by itself, be enough to...

Selling a Company? Put Lipstick on a Pig at Your Peril

When marketing a company, it may be perfectly legitimate to paint its business and prospects in the best possible light. However, as a High Court ruling showed , the thick application of lipstick to a pig may enter the realms of fraud. The case concerned...

Divorce - What Happens When Assets are Simply Insufficient to Meet Needs?

For every headline-grabbing 'big money' divorce case there are hundreds of others where a former couple's assets are simply insufficient to meet their reasonable needs. As a High Court ruling showed, judges take a gender-neutral approach to such...

Has Your Home Been Devalued by Public Infrastructure Works?

To state that location is the only important factor when it comes to valuing a home is a cliché and something of a generalisation. However, as an Upper Tribunal (UT) ruling showed , if public infrastructure works render the location of your property...

Contemplating Cosmetic Surgery Abroad? Read This to Understand the Risks

Those who undergo cosmetic surgery overseas take a step into the unknown and, if things go wrong, it can be very difficult to obtain just compensation. However, as a High Court ruling showed, English lawyers are more than capable of overcoming the challenge...

Resignation in the Heat of the Moment - EAT Sets Out the Legal Principles

When an employee utters words of resignation in the heat of the moment, employers are often left in doubt as to whether they should take them at face value. In an important ruling, the Employment Appeal Tribunal (EAT) has for the first time drawn together...

Going Into Business with a Loved One? Don't Dispense with Legal Formality

Couples who run businesses together are often tempted to dispense with paperwork and rely solely on trust. As a High Court ruling showed, however, any relationship may come to an end, leaving both sides wishing they had taken a more formal approach at the...

Divorce Day - Myth or Reality?

The first working day or the first Monday of the new year has long been known as Divorce Day, a term coined by the media to reflect the surge in enquiries divorce lawyers tend to see in January. It is true that new enquiries do increase in January. The...

Judge's Factual Findings in Congenital Injury Case Ruled 'Plainly Wrong'

It is a very rare event for the Court of Appeal to find that a judge's assessment of factual evidence is plainly wrong. However, that is what occurred in an unusual case concerning serious injury said to have been sustained by an unborn child. The boy's...

Inheritance - Your Right to Seek Reasonable Provision Dies With You

If you have not been reasonably provided for in a loved one's will, the law may come to your aid. However, as a High Court ruling made plain , your ability to seek legal redress cannot itself be inherited and will expire on your death. Following the deaths...

Gender Transition - Deadnamed Employee Wins Substantial Compensation

Those who undergo the challenging process of gender transition are entitled to their employers' full understanding and support in establishing their new identity. A local authority which woefully failed in that obligation by persistently deadnaming a...

High Court Comes to Aid of Alleged Clinical Negligence Victim in Dire Need

Clinical negligence claims inevitably take time to resolve but, as a High Court ruling showed, judges have the power to provide immediate financial assistance to alleged victims long before their cases are settled or come to trial. The case concerned what...

Motorist Cleared of Blame for Four-Year-Old Boy's Devastating Injuries

As a matter of common humanity, most people would wish damages to be paid to children who are seriously injured in road accidents. As a High Court ruling made plain, however, judges must put sentiment aside and dispassionately weigh the evidence in deciding...

Applications for Fresh Commercial Tenancies - Court of Appeal Guidance

How does one decide whether a commercial tenant 'ought not' to be granted a new tenancy under Part II of the Landlord and Tenant Act 1954 ? The Court of Appeal addressed that and other important issues in a guideline case. The tenant of two newsagents'...

Defiant Mother Sentenced for Refusing Father Contact with Their Child

Fathers who are denied access to their children are frequently heard to complain that judges do not do enough to support them. In coming down hard on a defiant mother who refused to countenance her child having contact with her father , however, a family...

Injured Fairground Worker Succeeds in Personal Injury Claim

There are often few, if any, witnesses to accidents at work and accounts of how they occurred may differ dramatically. As a case concerning an injured fairground worker showed, however, judges are adept at weighing up the evidence before reaching conclusions...

Director of Counterfeit COVID-19 Face Masks Supplier Cleared of Fraud

The corporate veil affords no protection to directors who have behaved fraudulently. However, as was made plain by a case concerning the frenzied market in the supply of face masks during the COVID-19 pandemic, there is a great difference between...

Doctors Are Not Machines But Must Exercise Reasonable Care and Skill

Doctors are neither machines nor infallible, but patients are entitled to expect them to exercise a level of care and skill commensurate with their years of training. The High Court made that point in finding that two radiologists breached their duty of care...

Christmas Contact Arrangements for Separated Families

Contact arrangements over the Christmas period can cause upset at a time that should be magical for children. Christmas arrangements need careful planning. There is no specific legal framework setting out the time a child should spend with each parent over...

This is Why You Should Store Your Will Securely in a Law Firm's Vault

Law firms focused on ensuring their clients' peace of mind generally provide secure storage facilities for their important documents. A High Court inheritance dispute triggered by a landowner's missing will underlined the risks of keeping such documents at...

Treating Every Employee in the Same Way May Itself Be Discriminatory

Anti-discrimination laws are often viewed as requiring employers to treat all their staff in the same way. However, as an Employment Tribunal (ET) ruling made plain, the positive duty to make reasonable adjustments to cater for disabled workers' needs may...

Child Travel Consent Forms

A Child Travel Consent Form can be an essential document when a minor is travelling abroad without one or both parents or their legal guardian. They help ensure the child's safety and provide assurance to authorities and organisations involved in the...

Property - Not Every One-Sided Bargain is a Product of Undue Influence

Where a transaction appears to be very one-sided or manifestly more advantageous to one side or the other, judicial eyebrows are likely to be raised. However, as a High Court ruling showed, such an imbalance does not necessarily mean that a bargain should be...

Motor Insurers Are Relentless in Exposing Dishonest Road Accident Claims

Road traffic accidents happen in the twinkling of an eye and it is not at all surprising that those involved often give differing accounts of what occurred. As a High Court ruling showed, however, motor insurers are relentless in their pursuit of those whom...

Quarry Owner Hit Hard in the Pocket for Causing Noise and Dust Nuisance

Some industrial processes simply cannot be carried on without producing noise and dust. As a High Court ruling showed , however, commercial property owners may be required to pay a high price if their activities enter the realms of nuisance. When a couple...

Registering a Trade Mark is the Best Way to Protect Your Valuable Brand

Having worked hard to establish the reputation of your product, there is nothing more annoying than a competitor marketing rival goods under a confusingly similar name. As a High Court ruling showed, however, registering a trade mark is a highly effective...

Are You a Crime Victim? You May Be Entitled to Damages for Your Ordeal

Crime victims often feel that they are forgotten by the legal system once perpetrators have been caught and punished. However, as a High Court ruling showed, a phone call to a solicitor may be all that is needed to start a process which in many cases yields...

Victim of Herpes Simplex Virus Awarded Millions in Damages

A young man who sustained catastrophic brain damage after contracting the herpes simplex virus when he was a baby is set to receive a multi-million-pound settlement of his clinical negligence claim. The man, in his 20s, was a few months old when the virus...

Contract Adjudicators' Decisions Must Be Honoured Promptly - No Ifs, No Buts

Those who willingly submit contract disputes to adjudication must, save in very exceptional cases, honour the outcome without delay – no ifs, no buts. The High Court resoundingly made that point in a guideline ruling . The case concerned highway...

Divorce - This is Why a Clean Break is Usually the Preferred Outcome

Most divorcees would, wherever possible, prefer to achieve a clean financial break so that they can regain their independence and move on with their lives. A High Court ruling provided a powerful illustration of why that is a sensible choice. The case...

Not Every Procedural Defect Will Render a Dismissal Unfair - Guideline Ruling

Deficiencies in a workplace disciplinary procedure will very often render a dismissal unfair – but not always. The Employment Appeal Tribunal (EAT) made that point in finding that a hospital supervisor's dismissal was fair ( Greater Glasgow Health...

Another Sad Tale of a Farmer's Disinherited Children - High Court Ruling

The tale of a devoted son labouring for years on a family farm only to be cut out of his father's will is so often told as to be almost a cliché. However, as a High Court ruling showed , such stories are often reflected in the sad and recurring...

Lawyers Step In to Protect Accident Victim With No Loved Ones to Turn To

Where seriously injured accident victims have no family or friends to turn to, they can have confidence that personal injury lawyers will fight their corner. In a case on point, a senior solicitor did not let a cancer diagnosis stand in the way of his...

Drive Your Digital Future: Business First Magazine

In our latest issue of Business First, we put digital networking under the spotlight in an article on how to make social media connections generally and make the most of Linkedin specifically. And as well as checking out your AI preparedness, we also look...

Retail Tenant Forced to Relocate Receives Compensation for Permanent Loss of Profit

When retail premises are compulsorily purchased by public authorities and forced to relocate, to what extent should compensation be paid for any resulting permanent loss of profit? The Upper Tribunal (UT) considered that issue in a guideline case . ...

Family Judge Treads the Blurred Boundary Between Life and Death

The ability of modern medical technology to keep patients' hearts beating and their lungs ventilating has led to a blurring of the boundary between life and death. As a High Court ruling showed , it sometimes falls to family judges to make the desperately...

Boy Injured at Birth Receives Settlement Worth Over £18 Million

The High Court has praised the dedication and professionalism of lawyers after they achieved a settlement of a little boy's clinical negligence claim. The boy sustained injuries of near-maximum severity at or around the time of his birth and the settlement...

False Claim to Be a Cash Buyer Ruled Fraudulent in Ground-Breaking Case

In coming to the aid of a frail and elderly householder, the High Court has ruled in a landmark case that she was on the receiving end of a fraudulent misrepresentation when a would-be purchaser of her home was falsely described to her as a cash buyer. A...

Going on an Adventure Holiday? Be Very Careful What You Sign Up To

Adventure holidays abroad are increasingly popular but, as a High Court case made plain, tourists should be extremely careful when invited to sign documents before taking part in potentially hazardous activities. A young woman embarked on what was described...

'Reckless' Travel Company Director Ordered to Compensate Customers

Those who manage companies in a reckless or incompetent manner can expect to be banned from holding directorships in future – but should they also be ordered personally to compensate customers who are left out of pocket? The High Court addressed that...

Sometimes Parental Love is Not Enough - Court Sanctions Boy's Adoption

Parents may be worthy of praise and deeply love their children, but it sadly does not always follow that they are able to provide them with a stable home. The High Court made that point in sanctioning a little boy's placement for adoption . Due to concerns...

Clinical Negligence - Sympathy for an Injured Patient May Not Be Enough

When an operation ends badly, leaving a patient seriously disabled, any sympathetic person might think that a damages award will follow as night follows day. However, as a High Court ruling made plain, it is a judge's duty dispassionately to consider the...

This is Why You Should Never Make a Will Without Taking Legal Advice

Making a will without the benefit of professional legal advice is an excellent recipe for strife between your loved ones after you are gone. That was sadly so in the case of a cancer sufferer who had no understanding that, when she signed her will, she was...

Disability Discrimination - Corner Shops Owe the Same Duties as Multinationals

Small businesses not blessed with human resources departments can find it hard to accommodate disabled members of staff who need to take time off work. However, as an Employment Tribunal (ET) ruling showed, when it comes to catering for their needs, a corner...

Can Planning Objections Amount to Harassment? Guideline High Court Ruling

Landowners intent on developing their properties can find it intensely annoying when neighbours resist their plans. However, as a High Court ruling made plain, the right to object to planning applications is one of the benefits of living in a democratic...

Personal Injury and Admissions of Liability - Guideline High Court Ruling

Early admissions of liability, based on an overall assessment of the likely outcome of a contested trial, are a common occurrence in personal injury cases. However, the weight of the evidence may subsequently shift and, in a guideline ruling, the High Court...

Landlord of Converted Office Block Pays Price for Breaching Fire Safety Rules

To what extent should landlords who have breached fire safety rules be entitled to recover the costs of remedying such breaches from tenants by way of service charges? The Upper Tribunal (UT) considered that important issue in a case concerning a former...

Overzealous monitoring may overstep data protection boundaries

Employers who harness software to help manage productivity and other employee activity may find themselves inadvertently over-stepping data protection regulations.  The rise of electronic monitoring of employees has risen in tandem with the rise in...

Lurking Liabilities in Leases

The cost of premises is one of the most substantial outgoings for a business.  A business may factor in the rent and maybe also business rates, but there are other liabilities lying in wait for an unsuspecting tenant.  Below are 7 tips on what you...

MMoA the alternative way of buying and selling?

The Modern Method of Auction, also known as Conditional Auction, offers an alternative to both the conventional way of buying and selling homes and the traditional auction route. Traditional auctions have a (possibly undeserved) bad press as being seen...

Oil Major Fends Off Shareholder Bid to Reform its Climate Change Strategy

So-called 'activist' shareholders have a perfect right to seek to influence the strategy of companies in which they hold a stake. In a guideline ruling, however, the High Court shut the door on an environmental charity's novel attempt to make the board of a...

Wealthy Divorcee Hit Hard in the Pocket for 'Delinquent' Litigation Conduct

Those who attempt to lie their way to a favourable result in divorce proceedings are more than likely to be found out and hit hard in the pocket. That was certainly so in the case of an elderly entrepreneur who treated his ex-wife's financial claims as if...

Every Minute - Even Second - of Delay in a Baby's Birth Can Make a Difference

When children suffer asphyxia in the womb, a delay of minutes – even seconds – in their delivery can make an enormous difference to the level of disability, if any, that they will endure for the rest of their lives. One such delay was the focus...

Employment Status, Control and Mutuality of Obligation - Guideline Ruling

There is no reason in principle why someone who is a shareholder and controlling director of a company cannot also be its employee. However, as an Employment Tribunal (ET) ruling made plain, the assessment of whether an employment relationship does or does...

Cabbie Struck by Hit-and-Run Driver Receives £1.4 Million Damages

Even where there is a clear-cut answer to the question of who is to blame for a road accident, assessing the damages due to victims requires the highest level of professional skill. That was certainly so in the case of a taxi driver who suffered devastating...

Directors' Duties and The Threat of Insolvency

With the UK economy facing an uncertain path on account of domestic and global upheaval, businesses continue to face challenges, and it is essential for directors to be mindful of their duties both generally and more particularly where there is the risk of...

DIY Will or Professional Will

Everybody is doing their best to save money where they can during the cost-of-living crisis, which is why DIY Wills or using cheap service providers like Will Writers, can be very appealing.  However, it is important to know that what you save now, your...

Local Authority Pays the Price for Privacy and Data Protection Breaches

For good administrative reasons, public authorities hold a mass of personal data concerning almost every UK resident. However, as a High Court ruling showed , judges are always alert to the danger of such data being misused. In the course of possession...

Even Blinkered, Difficult and Ruthless People Can Make a Valid Will

People may be blinkered, difficult and downright ruthless but that does not mean that they are incapable of making a rational will. The High Court made that point in the case of a highly successful businessman who all but disinherited his children. By his...

Thinking of Lodging a Clinical Negligence Claim? You Need to Act Promptly

Those who delay lodging clinical negligence or personal injury claims take a serious risk that their cases will be dismissed without a hearing. However, as a High Court ruling showed, even legal deadlines sometimes come second to the overriding requirements...

Falsifying of expenses claim and unfair dismissal

An ex Citibank employee who issued a claim against the firm for unfair dismissal has lost his case. Citibank initiated disciplinary allegations against the employee for fraudulently submitting a claim for expenses incurred whilst on a business trip. In its...

Workers (Predictable Terms and Conditions) Act 2023

The Workers (Predictable Terms and Conditions) Act 2023 (“Act”) is expected to come into force in September 2024, having received Royal Assent. The Act will provide workers and agency workers with the right to request more predictable terms and...

Sick Days Hit Highest Level In 10 Years

The BBC have recently reported on a survey carried out by the Chartered Institute of Professional Development which has found that UK workers are taking more sick days now than in the past decade. The result of the survey has been apportioned to Covid,...

Is Your Whistleblowing Policy Up-To-Date?

The law provides protection for workers who report any malpractice by their employers or third parties against dismissal or any form of detriment. With these protections in place, why are people reluctant to blow the whistle? As demonstrated by the recent...

Education Charity Overcomes Restrictive Covenant in College's Title Deeds

Restrictions on the use to which properties can be put are often to be found in their title deeds and, in some cases, can have a dramatic impact on their value. A High Court case on point concerned the future of a further education college that was already...

High Court Authorises Withdrawal of Young Father's Life-Sustaining Treatment

Many families whose loved ones are in hospital on life support understandably cling to the hope that they will in time recover. As a High Court ruling showed, however, where such hopes run contrary to the weight of expert medical evidence, judges have the...

Over-Egging a Personal Injury Claim is a Fool's Game

There will always sadly be a few accident victims who exaggerate their injuries with a view to maximising their compensation. A High Court ruling, however, showed the extent of legal and surveillance resources that insurance companies are willing to deploy...

School Inspector Sacked for Touching Pupil Succeeds in Unfair Dismissal Claim

It is obviously impractical for employers to have in place disciplinary policies that set out each and every form of frowned-upon conduct. However, as an Employment Appeal Tribunal (EAT) ruling showed, employees are generally entitled to some forewarning of...

Negotiations Achieve £13.4 Million Settlement for Meningitis Victim

For personal injury lawyers, negotiating and risk assessment skills are just as crucial as their knowledge of the law or their ability as advocates. That was certainly so in a case concerning a seven-year-old girl who was a baby when she was struck down by a...

Let Down by Your Builders? A Good Lawyer Will See You Right

Many householders are familiar with the often traumatic experience of falling out with builders. However, as a High Court case showed , if their work is not up to scratch or left unfinished, lawyers will bend every sinew to ensure that fair compensation is...

Business Interruption Insurance and COVID-19 - the Latest Legal Chapter

Did business interruption insurance cover financial losses arising from the COVID-19 lockdowns? Few questions have been the subject of more litigation in recent times but, as a High Court ruling showed , there is regrettably no standard answer. The case...

Big Money Divorcees Pay £8.4 Million Price for Their 'Culture of Conflict'

Judges frequently impress on divorcing couples that it is in their own best interests to put conflict behind them and focus on achieving a sensible resolution. However, as a case in which a couple spent £8.4 million fighting over money and their...

Vicarious Liability Can Extend Beyond Those Formally On Your Payroll

An important Court of Appeal ruling provided a clear warning to employers that their indirect – or vicarious – responsibility for the unlawful acts of those who work for them may not be confined to those who are formally on their payroll. The...

Outdoor Advertising, Light Pollution and a Legal Battle Over a Bus Shelter

Light pollution generated by hi-tech digital advertising displays can be a source of bitter complaint. However, such concerns were insufficient to persuade the High Court to overturn permission granted for the inclusion of one such display in a proposed...

Baby Boy Born Three Minutes Too Late - Clinical Negligence Ruling

Childbirth is always an anxious time and, for newborn babies, events that occur in a few short minutes can result in a lifetime of acute disability. That was sadly so in the case of a little boy who would have escaped devastating injury had he been brought...

Mutual Wills - There is a Big Difference Between Moral and Legal Obligations

There is a big difference between moral and legal obligations. The High Court made that point in finding that mirror wills signed by a married couple did not impose on either of them a binding obligation not to change their bequests in future, save by...

'Humanitarian' Residential Landlord Fails in Novel Banning Order Appeal

Residential landlords who neglect their legal obligations to the point of criminality can be hit with banning orders that are likely to put them out of business. In a case of importance to property professionals, the Upper Tribunal (UT) for the first time...

Retail Worker Sacked for Smoking at Work Succeeds in Unfair Dismissal Claim

Even where employees have committed gross misconduct, dismissing them may be unreasonable. An Employment Tribunal (ET) made that point in the case of a store supervisor who was sacked for smoking on company premises ( Williams v Wilko Ltd ). The woman...

Road Accident Victim 'Not Fundamentally Dishonest' - Guideline Ruling

Every right-thinking person would agree that those guilty of fundamental dishonesty in their pursuit of personal injury claims should leave court empty-handed. As a High Court ruling showed, however, defining exactly what is meant by 'fundamental' is far...

Adoption - Internet Research Can Never Replace Professional Legal Advice

No amount of internet research can ever replace professional legal advice. A man found that out when his reliance on flawed web content very nearly cost him the opportunity to complete his family by adopting his stepson. The man applied for an adoption...

High Court Aids Professional Firm Targeted in Ransomware Cyberattack

For businesses dealing with confidential client data, malware attacks by those intent on blackmail can represent an existential disaster. However, as a High Court ruling showed, there is a great deal that the law can do to help them. A firm providing...

Victim of Extremely Rare Neurological Disorder Receives £425,000 Payout

Clinical negligence claims involving extremely rare medical conditions can present a particular challenge. However, that did not prevent a man who fell prey to a neurological disease that only recently became known to medical science from obtaining a...

Authorised Push Payment Frauds - Bank Succeeds in Supreme Court Test

Banks are contractually bound to follow their clients' instructions and are not obliged to concern themselves with the wisdom or risk of their payment decisions. The point was made in a Supreme Court decision of great importance to the financial services...

How to protect your pension in a divorce

We spend many years building up our pensions and they are normally critical to our retirement planning, offering financial security for the future. So, it is understandable that people can feel very protective over their pensions and, during a divorce, be...

Terminally Ill Woman's Marriage Triggers High Court Inheritance Dispute

It is quite common for people to get married in the knowledge that they only have a short while to live. However, as a High Court ruling underlined , such a step is often fraught with legal difficulty in terms of inheritance and should never be taken...

Handling Difficult Conversations

What do we mean by difficult conversations? Addressing poor performance or conduct Investigating complaints or grievances Personal problems – something going on at home affecting work Personality clashes Dealing with delicate situations e.g.,...

Adverse Weather Policy

With Autumn drawing in it is a good time to review your getting to work and adverse weather policies. What are the key points when employees are unable to get to work, whether this is due to tube strikes, flooding, air travel disruption or snow? There is...

Commercial Landlords Hit Hard in Gym Clubs' COVID-19 Restructuring

The COVID-19 pandemic has prompted the restructuring of numerous businesses and that can mean commercial landlords having to take severe financial haircuts. That was certainly so in the case of a once successful chain of gyms whose business was devastated...

Acas Updated Guidance On Sickness Absence

Acas have recently provided updated guidance on sickness absence. The updated guidance includes new sections on recording and reducing sickness absence and absence trigger points as well as advice on absence policies , unauthorised absence , sick pay...

Boy Who Put Shard of Glass in His Ear Succeeds in Clinical Negligence Claim

As many parents are only too well aware, children have an unfortunate tendency to put foreign objects into their ears. The consequences can occasionally be serious and, in one case, a little boy who sustained permanent hearing loss following negligent...

Overseas Divorce - Supreme Court Identifies Unjust Defect in Matrimonial Law

A woman's financial claims against her ex-husband following their overseas divorce did not survive his death. In reaching that conclusion, the Supreme Court noted that the case had exposed a defect in the law that can only be remedied by Parliament. After...

Tree Surgeon Hit by Falling Branch Receives Six-Figure Award

If you suffer an accident at work that is not your fault, you can be reassured that a good personal injury lawyer will see to it that you are compensated fairly. In a case on point, a tree surgeon who was struck by a falling branch was awarded six-figure...

Adverse Possession - Couple Win Legal Title to Disputed Garden Plots

Even if you do not hold legal title to a plot of land, you may well be entitled to have it transferred into your name if you have been in adverse possession of it for over 10 years and you have reasonably believed throughout that it belongs to you. That is ...

Did European Works Councils Survive Brexit? 'Yes' Rules the Court of Appeal

Under European law, substantial undertakings operating within the EU are required to set up European Works Councils (EWCs) to facilitate employee consultation – but did EWCs previously established by UK companies survive Brexit? In an important ruling,...

Birth Injuries Compensation Helps Disabled Children to Meet Their Potential

Monetary compensation can never take away the unquantifiable heartbreak involved when a child suffers serious injuries at the very beginning of their life. As a High Court ruling showed, however, what it can do is provide high levels of care and support,...

Attributing Noise-Induced Deafness to a Particular Source Can Be Tough

People often have numerous jobs during their long working lives and that can make it extremely hard to pin down a particular workplace as the source of noise-induced deafness. That was certainly so in the case of a man who put his disabling hearing loss down...

Renewal of Commercial Leases - It Can All Come Down to Judicial Discretion

A commercial landlord may, for any number of reasons, be keen to see the back of a tenant. However, as one case showed, the question of whether a business tenancy should be renewed can in the end come down to an exercise of judicial discretion. A company's...

Speed Limits are Not a Target - Motorist Ruled Liable for Running Down Child

Motorists who believe that it is always safe to drive just below the speed limit are guilty of a fundamental misunderstanding of the Highway Code. A judge made that point in guaranteeing substantial compensation for a child who was run down and severely...

Share Sales - Skeletons in the Corporate Cupboard Must Be Disclosed

Skeletons in the corporate cupboard may dramatically reduce the value of shares but their existence must generally be fully disclosed prior to a sale. The vendor of a care home business found that out to his cost when he was ordered to pay more than...

Pre- and Post-Marital Agreements Given Full Weight in Big Money Divorce

Couples who enter into pre- or post-marital agreements with their eyes open and with the benefit of legal advice can expect to be bound by them. The High Court made that point in a so-called 'big money' divorce case in which an extremely wealthy woman's...

Phone Call to Disabled Postman on Sick Leave Ruled an 'Act of Harassment'

Treating an employee on sick leave with distrust rather than sympathy is to positively invite Employment Tribunal (ET) proceedings. That was certainly so in the case of a disabled postman who was at home, suffering from work-related stress, when he received...

Prolapsed Disc Victim Succeeds in Securing Justice

There is nothing more satisfying for a clinical negligence lawyer than obtaining justice for a seriously disabled client. The point was made by the case of a woman who for years needlessly suffered the agonising pain of an undiagnosed prolapsed disc, which...

Undue Influence - Vulnerable Mother 'Coerced' into Making Will

Making a valid will requires an exercise of independent decision-making, free from the undue influence of others. The High Court powerfully made that point in finding that a daughter coerced her ailing mother into bequeathing everything to her. The mother...

Landmark Golf Course's Status as Asset of Community Value Upheld

When a property is registered as an asset of community value (ACV) under the Localism Act 2011 the result can be a major headache for would-be developers. However, as a case concerning the future of a much-loved former golf course showed , overturning...

Theme Park Operator Succeeds in Roller Coaster Personal Injury Appeal

For businesses found liable in personal injury proceedings, the reputational damage can be every bit as serious as the financial consequences. As a case concerning a theme park operator showed, however, they are entitled to have their arguments carefully...

One Good Reason Why Professional Conveyancing is Always Required

One good reason why professional conveyancing is always required is that lurking in the title deeds of a great many properties are clauses that may heavily restrict their development or any future use to which they can be put. One such clause came under...

Selling a Business? Warts and All Disclosure is Vital

A share purchase agreement (SPA) will typically contain warranties that require sellers to disclose to the buyer potential challenges or legal difficulties affecting the relevant company, to avoid being liable for breach of warranty. As a High Court ruling...

Honeymooner in Spanish Hotel Fall Wins Right to Recompense

For British holidaymakers who are injured overseas, obtaining justice can prove a significant challenge. However, as the case of a woman who suffered a life-changing accident on her Spanish honeymoon showed, specialist personal injury lawyers are nothing if...

Declaration of Death Opens Way for Administration of Missing Teacher's Estate

When a person goes missing without trace, the fact that their assets are left in limbo often adds to the agony suffered by their loved ones. However, as a High Court ruling in a very sad case showed , such impasses can if necessary be broken by a judicial...

Catastrophically Injured Pedestrian Receives £3.2 Million Damages Award

In many road accident cases, assessing where responsibility lies is anything but a straightforward exercise. However, this difficulty was successfully tackled in a seven-figure settlement of a catastrophically injured pedestrian's claim. The middle-aged...

Child with a different surname - Can I take them abroad?

When it comes to travelling abroad with a child, parents often have questions about the legal implications, especially if the child has a different surname. In England and Wales, parental rights and responsibilities are primarily governed by the Children Act...

Estate Planning for Blended Families: Navigating Wills and Inheritance

Blended families have become increasingly common in today's society. As relationships evolve and individuals remarry or enter into new partnerships, estate planning becomes a crucial consideration to ensure the fair and smooth transfer of assets to loved...

Lending Money to Your Company? How and When Will You Be Repaid?

Shareholders and directors commonly lend money to their companies with a view to providing working capital or otherwise assisting their businesses. However, as a Court of Appeal ruling made plain , it is vital to formally record in writing the basis on...

Family Judge's Challenging Interventions Rendered Care Hearing Unfair

Judges are not expected to sit placidly on the bench, silently listening to barristers' arguments. However, as a Court of Appeal ruling in a case of critical importance to the future of two children showed , there comes a point where excessive judicial...

'Plucky and Delightful' Disabled Girl Awarded Millions in Clinical Negligence Claim

No matter how young they may be, qualities of courage and determination are often more evident in severely disabled people than they are in the able-bodied. That was certainly so in the case of a nine-year-old girl whose winning personality put her front and...

Court of Appeal Analyses Will Revocation Clause in Guideline Decision

Included in most people's wills is a clause that has the effect of revoking all their previous wills. Such straightforward provisions are usually uncontentious but, as a guideline Court of Appeal ruling showed, they can give rise to difficulties where a...

Vulnerable Child Abused by Charity Worker Receives £150,000 in Damages

Children who suffer sexual abuse are entitled both to see their tormentors punished by the criminal law and to damages. In a case on point, a young woman who was violently preyed upon by a charity employee received a six-figure award. When in her mid-teens,...

Want to Stop a Key Employee Joining a Competitor? Consult a Solicitor Today

If you are concerned that a former employee is preparing to work for a competitor in breach of a restrictive covenant in their employment contract, enforcement of your rights may well depend on how quickly you consult a solicitor. The potential consequences...

Accident Reconstruction - CCTV Footage is Useful but Not Always Decisive

CCTV cameras are nowadays ubiquitous in public places and can greatly ease the task of accident reconstruction experts. As a case involving a young man who was struck by a train showed, however, imperfectly positioned cameras or gaps in footage can still...

Local Authority Taken to Task for 'Dismal' Treatment of Homeless Family

Homeless applicants for public housing have a right to expect more than unthinking and mechanistic responses from local authorities. In powerfully making that point , a judge described aspects of a council's handling of a young family's case as nothing...

Hard-Up Landlord's Rent Repayment Order Slashed

Any residential landlord who lets out a property without a required licence commits a criminal offence and can expect to be hit hard in the pocket. The law is not a blunt instrument, however, and the Upper Tribunal (UT) emphasised in a guideline case that...

Partially Sighted Hydrocephalus Victim Secures £1.25 Million Payout

An individual's disabilities may have both negligent and non-negligent causes and that can pose a difficult challenge to clinical negligence lawyers. The seven-figure settlement of a partially sighted woman's claim, however, showed that such difficulties are...

Mother Not Responsible for Toddler's Shocking Injuries - Family Court Ruling

It is every parent's worst nightmare to be accused of injuring their child. However, as a Family Court ruling showed , such allegations are subject to intense judicial scrutiny, which in some cases results in complete exoneration. An autistic toddler was...

Directors' Duties are a Quid Pro Quo for the Privilege of Limited Liability

In return for the privilege of being able to do business with the immeasurable benefit of limited liability, company directors must observe a range of duties and obligations that are designed to protect the public interest. A High Court ruling provided a...

Couple Injured When Taxi Braked Hard Receive Substantial Award

It is often impossible to discern with absolute certainty the cause of road accidents that occur in the twinkling of an eye. As a case concerning a couple who were injured in the back of a taxi showed, however, judges are well versed at seeing where the...

Inheritance Dispute Focuses on Successful Family Catering Business

When making your will, the general rule is that you are free to leave your assets to whomsoever you wish. However, as a High Court case concerning ownership of a thriving family business showed , such testamentary freedom may be restricted by agreements...

National Boundaries No Obstacle to Big Settlement of Birth Injuries Claim

Where personal injury claimants live abroad, lawyers can face formidable difficulties in negotiating appropriate financial settlements. However, as was shown by the case of a 12-year-old girl whose family emigrated after she sustained catastrophic injuries...

Coarse Language in the Workplace - ET Upholds Harassment Claim

Even if the kind of coarse language used in traditionally male-dominated workplaces was once acceptable, it certainly is not today. An Employment Tribunal (ET) made that point in awarding substantial damages to an office administrator who was harassed by her...

Share Purchase vs Asset purchase - what is the difference?

If you are planning to buy a business, you will need to consider the different approaches open to you, namely a share purchase or an asset purchase (‘asset transfer’). There are advantages and disadvantages to both and by properly understanding...

Who benefits most from a prenup?

If you are planning on marrying, you may be wondering if you need a prenuptial agreement, commonly referred to as a prenup. We answer the following questions: What is a prenup? Will I benefit from a prenup? How can I protect an inheritance? Are...

Personal Injury Lawyers Succeed in Identifying Dangerous Driver

Dangerous drivers leave chaos in their wake, but it can be hard to identify them, let alone hold them legally responsible for the accidents they cause. However, in one striking case, personal injury lawyers surmounted that challenge and achieved a good...

Is Your Landlord Harassing You? You Don't Have to Just Grin and Bear It

Tenants have a right peacefully to enjoy their homes, free from harassment by their landlords. A judge succinctly made that point in awarding substantial compensation to a couple whose landlord was anxious to see the back of them so he could refurbish and...

Recent changes to the intestacy rules for a surviving spouse or civil partner

As you may be aware, if you pass away without a valid Will, you are deemed to die ‘intestate’ and your estate will be divided and dealt with in accordance with the intestacy rules of entitlement, which are dealt with under the Administration of...

Direct Marketing Company Pays Price for Relaxed Approach to Personal Data

Direct marketing companies that take a relaxed approach to data handling have only themselves to blame if they fall foul of the law. A home improvements company on the receiving end of numerous nuisance call complaints found that out when it was hit with a...

Could Appropriate Medical Care Have Saved Your Loved One's Life?

If you believe that a loved one's death is attributable to a lack of appropriate medical care, you should consult a clinical negligence lawyer without delay. The point was made by the case of a troubled pensioner who lost his life after he accidentally...

Moving in Together? Do You Understand the Legal Ins and Outs?

Couples who move in together commonly believe that their shares in the property will reflect their respective financial contributions to the purchase price or mortgage. As a High Court ruling made plain, however, such assumptions are often mistaken in that...

How do I protect my limited company from divorce?

Protecting a limited company from divorce can be achieved through careful planning and taking appropriate legal measures. One common approach is to have a well-drafted prenuptial or postnuptial agreement in place that clearly outlines the division of...

Property Information Forms - Inaccurate Answers Cost Developer

Property vendors are nowadays routinely required to fill in lengthy information forms, giving answers to a multitude of questions that may be important to a purchaser. That task may seem mundane but, as a High Court ruling showed , it is vital to perform it...

Suspension and individuals accused of gross misconduct - what are the rules?

With the BBC coming under scrutiny recently due to not naming the TV presenter suspended for potential misconduct, many are wondering what action is suitable for an organisation to take during an investigation and how disciplinary allegations should be dealt...

Disability Discrimination and Hypothetical Comparators

Workplace disability discrimination claims often hinge on arguments that a disabled person was treated less favourably than a hypothetical comparator. As a guideline Employment Appeal Tribunal (EAT) decision showed, the circumstances that are imputed to such...

Falsely Imprisoned Window Cleaner Receives Police Damages

If you are unlawfully arrested or detained by the police, the law will see to it that you are compensated fairly. In a case on point, a window cleaner who was arrested and held in custody after a financial dispute with a customer reached boiling point was...

Breaking the Deadlock of Competing Divorce Petitions at Home and Abroad

When married British couples separate whilst living overseas, it is quite common for competing divorce petitions to be issued both in England and abroad. A High Court ruling provided a useful illustration of the judicial approach to jurisdictional issues ...

Talk is Often Just Talk - Commercial Contracts Need to Be in Writing

Claims that binding contracts have been reached orally or on a shake of hands are commonly made, but are very hard to prove. A Court of Appeal ruling in the context of the drinks industry underlined the critical importance of engaging professionals to...

Making a Will? You Mustn't Forget Your Family and Financial Dependants

When making your will, you may, for one reason or another, choose to distribute your estate unevenly between your loved ones. However, as a High Court ruling showed , you are under an overriding duty to make reasonable provision for members of your family...

Lawyers Cut Through Complexity to Achieve Good Outcome for Disabled Boy

Some clinical negligence claims raise issues so complex that even the most eminent medical experts struggle to disentangle them. As a case involving a disabled seven-year-old boy showed, however, lawyers have a way of cutting through the morass of...

Pedestrian Hit by Car in Early Hours Awarded £1,675,000 in Damages

No two personal injury cases are the same and assessing the appropriate amount of damages always requires expert professional judgment. That was certainly so in the case of a young man who sustained a catastrophic brain injury when he was struck by a car in...

Moving in together: Do you need a cohabitation agreement?

A cohabitation agreement is a legal document between unmarried couples who are living together or are planning to. It sets out arrangements for finances, property and children.  It can deal with the arrangements whilst you are living together as well as...

Employees and second jobs

With the current cost of living crisis, it is increasingly common for employees to have a second income source in addition to their main job.  Research conducted in August 2022 by the pensions company Royal London found that one in six staff had taken a...

Redundant Automotive Industry Worker Succeeds in Unfair Dismissal Claim

A redundancy process may be genuine and necessary, yet procedurally unfair. An Employment Tribunal (ET) made that point in the case of an automotive industry worker who would have kept his job had a selection criterion not been carelessly and mistakenly...

The Validity of a Pre-Nuptial Agreement Often Depends on Top-Quality Legal Advice

Pre-nuptial agreements (PNAs) which are not entered into freely or which have unfair results will generally not be worth the paper they are written on. However, as a High Court case showed, judges are far more likely to treat them as valid if they are signed...

Girl Injured During Forceps Delivery Receives £55,000 Award

When children suffer injury at birth, the possibility of compensation should always be explored with their future in mind. A case on point concerned an eight-year-old girl who sustained serious damage to her left eye during her forceps delivery. It was...

What Happens When a Parent Breaches a Child Arrangement Order?

When a court issues an order, it is legally binding and must be followed by all parties involved. Unfortunately, there are instances where one parent may disregard or breach a court order, causing frustration and potential harm to the child and the other...

Social media and protected beliefs in the workplace

In the case of Higgs v Farmor's School and another [2023] , the Employment Appeal Tribunal (EAT) allowed an appeal against an employment tribunal's decision that a Christian employee was not directly discriminated against or harassed because of...

Employee needs to be aware of harassment for claim

In the case of Greasley-Adams v Royal Mail Group Ltd [2023] , the Employment Appeal Tribunal (EAT) upheld an employment tribunal decision dismissing a claim of harassment by an employee who during the course of an investigation into allegations that he...

Ethical veganism Owen v Willow Tower OPCO 1 Ltd [2023]

In the case of Owen v Willow Tower OPCO 1 Ltd [2023] , an employment tribunal has found that a claimant's alleged belief in ethical veganism was not genuinely held and therefore was not a protected belief under section 10 of the Equality Act 2010....

Assessing Development Potential is Not Just Crystal Ball Gazing

Development potential is often a critical factor when it comes to calculating amounts of compensation payable to landowners whose property is compulsorily acquired to make way for public infrastructure projects. As an Upper Tribunal (UT) ruling made plain ,...

Neighbours' Disputes - Negotiate Now or Pay a High Price Later

Many neighbours' disputes may, at least to an outsider, appear trifling. However, as a High Court ruling showed , they matter very much to those involved and, in the absence of amicable negotiation, they can very easily become ruinously expensive. A...

Ex-Soldier's Personal Injury Claim 'Tainted by Fundamental Dishonesty'

The vast majority of personal injury claims are entirely genuine. However, as a High Court ruling showed, there are very sadly a dishonest few who, in pursuit of large sums in compensation, present exaggerated or fabricated cases. The case concerned an...

You Are Duty-Bound Reasonably to Provide for Your Dependants in Your Will

Making reasonable provision in your will for those who depend upon you financially is a duty, not a choice. A judge made that point in coming to the aid of two sisters who were left in acute need when their father bequeathed them nothing. In a will made...

Creators of John Lewis Dragon Advert Cleared of 'Copying' Allegation

Creative people often live in fear of allegations that they have copied someone else's work. However, as a High Court case concerning a CGI dragon featured in a John Lewis TV advert showed, the law provides a route to vindication for those on the receiving...

Make a Will after 5pm

Some of our clients tell us that they find it difficult to make appointments before 5pm due to work commitments or child care. From Thursday 6th July, we will be offering late appointment times for our clients who wish to speak to a lawyer about making...

Suffered Negligent Medical Treatment Abroad? Consult a Lawyer Today

UK nationals who travel abroad for cosmetic surgery or other medical treatments can struggle to obtain damages in the event of a poor outcome. However, as a High Court ruling showed, obstacles posed by national boundaries do not deter English personal injury...

Do You Understand the Ramifications of Entering Into a Contract Adjudication?

Anyone who engages in contract adjudication proceedings would be wise to assume that the outcome – regardless of whether it is right or wrong – will be legally binding and swiftly enforceable on a 'pay now, argue later' basis. As a High Court...

Adopted Pensioner's Quest to Find Her Birth Parents Finally Bears Legal Fruit

Many adopted people feel driven to embark on long and demanding quests to find their birth parents. In one case, decades of painstaking research paid off when a woman in her late 70s was granted a court order that completed her sense of identity . The...

Teenage Road Accident Victim Awarded Almost £3 Million in Damages

Promising young lives are sadly ruined every day by road traffic accidents. Nothing can make up for such tragedies but, as a High Court case showed, compensation can at least soften the blow and give hope for the future. The case concerned a teenager who...

You Don't Have to Put Up With Online Harassment

In an era of easy, internet-based mass communication, reputations can, without a shred of justification, be destroyed at the click of a button. As a High Court case showed, however, victims of such behaviour can, with expert legal assistance, achieve both...

Charity Must Pay Damages Following Hostel Resident's Window Fall

Those who invite visitors onto their property are obliged to take steps to keep them reasonably safe. As the case of a troubled woman who fell from a hostel window showed, even charities are not exempt from that fundamental duty. The middle-aged woman led a...

10 Years Since Same-Sex Marriage Became Law

It has now been 10 years since Parliament passed the Marriage (Same Sex Couples) Act 2013. The first same sex marriage took place in 2014. The Act allows same sex couples to marry in civil and religious ceremonies.  It also allows civil partners (those...

This Is Why You Should Make a Will Whilst You're Still Hale and Hearty

There are all sorts of good reasons why you should instruct a solicitor to draft your will whilst you are still hale and hearty. As a High Court case showed , waiting until you are old and vulnerable before performing that vital task is to positively invite...

National Minimum Wage Rates in Force for 2023

The National Minimum Wage (Amendment) Regulations 2023 came into force on 1 April and provided for the following changes to the National Living Wage (NLW) and the National Minimum Wage (NMW) rates: The NLW, which applies to those aged 23 and over,...

When you're unable to reach an agreement about the children

A Child Arrangements Order (CAO) is typically required when parents or guardians are unable to reach an agreement regarding the living arrangements, contact, or other specific issues related to a child. It is a legal order issued by a court to determine...

'Remarkable' Young Man Receives £17 Million Personal Injury Settlement

Personal injury lawyers never cease to be amazed by the tenacity and sheer guts of people who conquer disability to lead active and fulfilled lives. Such qualities were on abundant display in the case of a remarkable young man who received a settlement of...

Business Interruption Insurance Disputes - Is Arbitration Obligatory?

Many commercial property occupiers whose businesses were interrupted during the COVID-19 pandemic remain in dispute with their insurers regarding to what extent, if any, they were covered against such losses. In an important ruling, the High Court found...

Can a UK employee work remotely in another country?

With the rise of remote work opportunities and the desire for more flexible lifestyles, many UK employees are considering the possibility of working remotely from another country, particularly during the summer months. However, before embarking on such an...

Employed, Self-Employed and Workers - How to identify your working status

As someone who works in the United Kingdom, understanding your employment status is essential, as it determines your legal rights, tax obligations, and benefits. In the UK, there are three primary categories of employment status: employed,...

Employment Tribunal found to have erred in failing to identify the sole or joint decision maker in a pregnancy discrimination dismissal

In the matter of Alcedo Orange Ltd v Ferridge-Gunn [2023], the Employment Appeal Tribunal (EAT) has held that an employment tribunal was wrong in finding that a pregnant employee's dismissal was discriminatory when it had not made clear findings as...

Stamp Duty Land Tax - When is a Property Unsuitable for Use as a Dwelling?

A newly purchased house may require a great deal of renovation and repair work to render it habitable – but does that mean it is unsuitable for use as a dwelling for the purposes of Stamp Duty Land Tax (SDLT)? A tribunal considered that issue in a...

New laws coming into effect in due course, which will afford parents and unpaid carers new protections at work

The forthcoming legislation is as follows: Neonatal Care (Leave and Pay) Act 2023, which will enable eligible employed parents whose new-born baby is admitted to neonatal care to take up to 12 weeks of paid leave. This is in addition to other leave...

Employment Tribunal erred in law when deciding whether the Claimant was disabled

Employment Tribunal was held to have erred in law by focussing on the impact of termination of employment when deciding whether the Claimant was disabled In the case of Morris v Lauren Richards Ltd [2023] , the Employment Appeal Tribunal (EAT) allowed an...

Employee Settlement Agreements

A settlement agreement is a contract between an employer and employee which brings the employment to an end on a no-fault basis.  By signing the agreement, which used to be known as a compromise agreement, the employee agrees to waive their statutory...

Police Breached Duty of Care Owed to Stabbing Victim

It is notoriously difficult for victims of crime to successfully sue the police on the basis that they failed to match up to their duty of care. However, as the case of a woman who was repeatedly stabbed outside her home showed, it is not impossible. The...

What to Do with a Deadlocked Company? High Court Gives Guidance

What is to be done when a company falls into paralysing deadlock, with equal shareholders unable to agree about anything? A judge addressed that issue in a case concerning a former husband and wife whose business and personal relationships had descended...

Ex-Couple Spend an 'Absurd' £5 Million Plus Litigating About Their Child

Disputes between separated couples as to how their children should be provided for can, in the absence of compromise, sadly reach epic proportions. That was certainly so in one extraordinary case in which a couple spent over £5 million between them ...

Love Conquers All - Disabled Boy Receives Seven-Figure Award

Even in the teeth of adversity, love will not be conquered. The High Court made that observation in approving the multi-million-pound settlement of a seriously disabled boy's clinical negligence claim. The boy, aged nine, sustained a catastrophic hypoxic...

Whistleblowing and the Importance of Proving Motive

Establishing that an employee has made a protected disclosure is the first step on the path to success in any whistleblowing claim. However, as a case concerning a dismissed care homes manager showed, it is often much harder to prove that detrimental...

What is contentious probate?

Losing someone you love is one of the most difficult experiences in life. It can be made even harder if you think there is a problem with their Will or the disposition of their estate, or if a family member challenges a Will that you are sure is valid. ...

Compulsory Purchase - What Happens if a Landowner's Identity is Unknown?

Many nationally important infrastructure projects would simply not get off the drawing board were public authorities not equipped with the power to compulsorily purchase private land for the public benefit. When it comes to paying compensation, however, what...

High Court Ruling Underlines the Pitfalls of Making 'Inflexible' Mutual Wills

It is legally possible for couples to make mutual wills by which each binds the other not to alter their bequests at any point in the future, save by mutual agreement. As a High Court ruling showed , however, the inherent inflexibility of such arrangements...

Seen One Television Drama? You've Seen Them All - Copyright Ruling

All dramatic works draw on the common human condition and similarities between them, in terms of plotlines and the language used, are inevitable. The High Court made that point in rejecting a screenwriter's claim that her original works were copied by the...

What is an 'Accident' in a Commercial Air Travel Context? Guideline Ruling

The word 'accident' is, in common parlance, often used quite loosely. However, as a case concerning a passenger who slipped on board a Ryanair jet showed, it has a very specific meaning in the context of commercial air travel. Wintry conditions afflicted a...

Setting Up Business in a Garden Outhouse? Make Sure You Read This First

One of the social effects of the COVID-19 pandemic was the creation of a fashion for householders to operate businesses from outhouses in their gardens. However, an important tribunal ruling underlined the legal hazards of such a course . In response to...

Judge Sifts Evidence to Find Motorist Responsible for Serious Road Accident

The speed with which road accidents occur can make it extremely difficult to discern with absolute certainty where fault lies. However, as a case concerning a severely injured motorcycle pillion passenger showed, judges are adept at sifting detailed evidence...

Plan to Redevelop Debenhams Department Store Receives High Court Boost

The nation's high streets are changing and moves are afoot to demolish many once thriving department stores and replace them with new homes. As a High Court ruling showed , however, such developments are often highly controversial. A developer wished to...

Supreme Court Ruling Tests the Boundaries of Vicarious Liability

Employers must compensate victims of misdeeds committed by their employees in the course of their work. That is a true statement, so far as it goes, but a Supreme Court ruling in a case concerning a Jehovah's Witness who was sexually assaulted by an elder in...

Renting laws are changing

In June 2022 the Government published The Renters’ (Reform) Bill which contains new measures introduced to the private rental sector which includes abolishing "no-fault" evictions in England, allowing landlords to take back possession from...

Bullying gets marching orders

Bullying has been hitting the headlines in recent weeks with Dominic Raab forced to resign as deputy prime minister and justice secretary, and CBI boss Tony Danker pushed out for behaviour that left staff feeling intimidated.   These cases...

Mental Capacity and Divorce - High Court Ends 'Empty Husk' Marriage

Only those with the mental capacity to make important decisions for themselves can consent to marriage – or divorce. However, as a High Court ruling made plain , it is in no one's best interests for the law to maintain a marriage that has become no...

Veteran Care Worker Succeeds in Constructive Unfair Dismissal Claim

Employers are often contractually entitled to require their personnel to move from one place of work to another. However, as one case showed, doing so without consultation is a positive invitation to Employment Tribunal (ET) proceedings ( Pye v Bolton Cares...

New UK Version of GDPR Progressing Through Parliament

The Data Protection and Digital Information (No. 2) Bill has received its first reading in the House of Commons, with MPs set to undertake a second reading on Monday, 17 April. The government intends this new UK version of the GDPR to 'reduce costs and...

Disappointed Polar Cruise Couple Triumph in Breach of Contract Claim

Almost everyone has returned from a holiday feeling deeply disappointed, but a right to compensation by no means necessarily follows. However, in one case, a couple whose £20,000 polar cruise fell sadly short of their expectations successfully took a...

Caring for a Disabled Child? Don't Put Off Thinking About Damages

Amidst the daily challenge of caring for a disabled child, it is hardly surprising that seeking compensation is far from the top of many parents' priority list. As a High Court case showed, however, it is vital for them to remember that they will not always...

Minority Shareholder in Family Business Succeeds in 'Unfair Prejudice' Claim

Minority shareholders may have limited managerial influence but they are very far from powerless and have rights that must be respected. The High Court made that point in coming to the aid of a man whose dividends were unjustifiably suspended after he was...

Delay in Contacting Solicitors Can be Fatal to Your Personal Injury Claim

If you suffer loss or injury as a result of an accident that you believe was someone else's fault, you should contact a solicitor immediately. The potential consequences of delay in doing so were underlined by a case concerning a security contractor's death...

Want to Keep Your Will a Secret? High Court Ruling Underlines the Pitfalls

Tensions simmer within many families and, when making your will, you may wish to keep its contents secret from your loved ones so as to avoid feeding the fire. As a High Court case showed , however, that makes it all the more vital to engage a solicitor to...

What Can a Family Judge Do When Faced With a Parent's Absolute Defiance?

In cases where even a succession of stiff prison sentences has failed to bring about compliance with court orders, what is a judge to do? A family judge faced exactly that quandary in the case of a father who defiantly refused to cooperate in arranging the...

Waste Transfer Station Occupier Succeeds in Slashing Business Rates Bills

Commercial property occupiers who are dissatisfied with the valuation put on their premises for business rates purposes can do a great deal more than just grin and bear it. In a case on point, the tenant of a waste transfer station succeeded in slashing its...

Boy Severely Injured in Open-Top Bus Tragedy Receives Damages

Accidents that happen abroad often present particular difficulties for personal injury lawyers. However, as the case of a young boy who almost died when an open-top tour bus was driven into an overhanging tree branch showed, there are few challenges that...

Manager's 'Limitations' Comment Leads to Disability Discrimination Finding

Employers should take careful note of a case in which a manager's reference to the 'limitations' of a bar attendant who suffered from osteoarthritis was adjudged to be unfavourable treatment giving rise to disability discrimination ( Taylor v Hoddom Castle...

Litigation Risks Weighed in Achieving Clinical Negligence Settlement

Negotiating settlements in clinical negligence cases involves balancing the prospects of success against the risks of failure in the context of often highly complex medical evidence. That exact exercise was performed in the case of a seven-year-old boy who...

High Court Comes to Aid of Widow Left Almost Penniless by Husband's Will

Failing to make reasonable provision for your dependants in your will is to positively invite discord between your loved ones after you are gone. That was certainly so in the case of a man who bequeathed not a penny to his elderly widow . The man wanted...

Ex-Marine Awarded Over £700,000 Damages for Noise-Induced Hearing Loss

Anyone who reads the news will know that the Ministry of Defence (MoD) is facing a multitude of claims by services personnel who sustained noise-induced hearing loss. In one such case, an ex-Royal Marine who was stricken by tinnitus following an overseas...

Promotions at Clarkson Wright and Jakes

Clarkson Wright & Jakes is delighted to announce that it has promoted Laura Claridge to partner and David Morrison to senior lawyer as of 1 May 2023.  Laura Claridge joined CWJ in October 2015 and was promoted to Head of Employment in January...

Japanese Knotweed Victim Wins Compensation in Landmark Nuisance Case

Landowners should sit up and take notice of the Court of Appeal's ground-breaking decision to award thousands of pounds in compensation to a property investor, the value of whose land was blighted by notoriously invasive Japanese knotweed. The case...

Fast Fashion Retailer's Founder Sees Off 'You Stole My Idea' Allegation

Disappointed people often claim that others have made themselves rich by usurping their brilliant business ideas. However, as a High Court ruling in a case concerning a thriving online fashion company showed , proving such allegations can be an uphill...

Summer Holidays: A guide for separated parents wishing to travel abroad

A guide for separated parents wishing to travel abroad As a separated parent there are things to consider before committing to a holiday. The legal position will depend on who has parental responsibility and whether there is a court order. Where there is...

Birth Injuries Boy, 6, Receives £13.5 Million Award

Newborn babies are uniquely vulnerable and delays in delivery or treatment in the immediate neonatal period can have devastating consequences. That was sadly so in the case of a gravely disabled six-year-old boy whose lifelong care was thankfully secured by...

Bar Worker who caught customer peeping through toilet door held to be victim of sexual harassment and victimisation

In the case of KZ v The Nags Head Reading Ltd , the Claimant, KZ, was employed as a bartender by the Respondent (TNH), a small family run pub having been a regular customer. On 1 January 2020, a customer and contractor of TNH (known as the third party)...

Employment Tribunal finds employee's symptoms of long Covid constituted a disability

Employment Tribunal finds that employee’s symptoms of long Covid constituted a disability despite his ability to be able to run substantial distances, attend the gym regularly and establish a separate side business At a preliminary hearing, the...

'Minor Human Errors' Stymie Bid for Multi-Million-Pound NHS Contracts

In public procurement exercises, the tricky business of uploading bids to e-tendering sites can be rendered more hazardous by leaving it to the last moment. In a case on point , a series of minor human errors led to a missed deadline and the loss of a...

Lorry Driver 60 Per Cent to Blame for Catastrophic Road Tunnel Collision

Witnesses to road accidents commonly express linear, black and white views as to where responsibility lies. As a case concerning a catastrophic collision in a road tunnel showed, however, judges take a more nuanced and evidence-based approach. After a...

Employers to have new and increased responsibilities under sexual harassment laws

The Government is seeking to introduce the Worker Protection (Amendment of Equality Act 2010) Bill, which would substantially increase employers’ responsibilities in relation to harassment should this come into force. The new Bill effectively means...

Kings Coronation extra bank holiday

The extra bank holiday for the King’s Coronation is intended to give the nation a chance to celebrate and take part in community celebrations and public events.  The additional bank holiday means that there will be three bank holidays on Mondays...

High Court Opens Way for Teenager to Undergo Gender Surgery Abroad

Any proposal for a child to have gender surgery is likely to be subject to close judicial scrutiny. In opening the way for a teenager to undergo a double mastectomy abroad, however, the High Court reminded local authorities that they must always treat the...

Commercial Property Owner Charged for Non-Existent Drainage Services

A commercial property owner who for years shelled out for drainage bills that it was never obliged to pay must be reimbursed every penny. That was the effect of an important High Court ruling in which utility companies were found to have been unjustly...

Man Gravely Injured in Suicide Bid Receives Seven-Figure Settlement

People with mental health difficulties are entitled to look to the NHS to protect them from themselves. In a case on point, a young man who was gravely injured when he tried to take his own life by jumping from the first-floor window of his home received...

Family Judge Intervenes to Protect Unborn Child of HIV-Positive Mother

In rare and exceptional cases, family courts have to intervene to protect the welfare of children even before they are brought into the world. A judge did just that in the case of a baby boy who was at high risk of being born HIV positive . The boy's...

Pensioner with 'Mild Cognitive Impairment' Capable of Making a Valid Will

To make a valid will, you need a certain level of mental capacity. However, as a High Court ruling showed, a flawless memory is not required and those suffering from mild cognitive impairment may not be disqualified from expressing their wishes. The case...

Writing a Job Reference? It's Important to Choose Your Words Carefully

Business owners and managers tend to view writing job references as an important but relatively routine task. However, the need to choose words carefully – and to take professional advice where necessary – was underlined by a High Court ruling in...

Business First magazine: Make way for growth

In our latest issue of Business First magazine, we look at ways your business can strengthen and grow. This edition covers how to protect your business income and saying no to burnouts plus much more.       ...

Let Down by a Cowboy Builder? Your Complaints Should Not Go Unheard

So-called 'cowboy' builders who demand overpayment for delayed and shoddy work are a curse on householders. However, as a Court of Appeal ruling showed , the law takes a tough line with dishonest tradespeople. The case concerned a builder's work for four...

Design Rights - Supermarkets Battle Over 'Strikingly' Similar Gin Bottles

Fierce competition between retailers, particularly during the Christmas period, has a tendency to spill over into intellectual property disputes. Exactly that happened in a High Court case concerning design rights in festive bottles of gin . A supermarket...

Victim of Substandard Neonatal Care Awarded Eight-Figure Payout

Medical advances, ever-increasing life expectancies and the escalating costs of care together explain why damages awards in some clinical negligence cases may seem staggeringly large. All those factors played a part in the case of a teenage boy who received...

Boy Run Down by Reversing Neighbour Receives £600,000 Award

As some football and rugby players will confirm, the consequences of head trauma may not be immediately apparent but can prove devastating as the years go by. In a case on point, a boy who was knocked down by a neighbour as she reversed out of her driveway...

Pre-Nuptial Agreement Given Only Partial Effect in Big Money Divorce Case

Couples who enter into a pre-nuptial agreement (PNA) with their eyes wide open can expect to be bound by its terms. However, as the outcome of a 'big money' divorce case made plain , judges have the power to effectively rewrite them if they fail to make...

Capital Gains Tax on Separation Update 2023

Sandy Hills, solicitor in the family team at CWJ, considers the incoming Spring Finance Bill 2023 that should bring with it a welcome change to CGT rules for separating couples. Capital Gains Tax (CGT) is not charged on an asset transfer between spouses...

Council Planning Committee Fends Off 'Closed Minds' Allegation

Official decision-makers are often accused of acting with closed minds. However, as a Court of Appeal ruling in a planning case made plain , there is a great difference between unlawful predetermination and a legitimate pause for thought. The case...

Clinical Negligence Expertise Overcomes Difficult Challenge in Case

Establishing liability in some clinical negligence cases can present a huge challenge. However, as the case of a disabled nine-year-old girl showed, experienced lawyers can negotiate substantial compensation packages for their clients in even the most hotly...

Poolside Explosion Victim Receives £120,000 Payout

Accidents suffered whilst you are on holiday can throw up particular legal difficulties when it comes to seeking financial redress. However, as the case of a young woman who sustained serious burns in a poolside explosion showed, expert personal injury...

Feel That You've Been Done Out of an Inheritance? Contact a Solicitor Today

If you feel that you have been unjustly denied an inheritance, you should get in touch with a solicitor straight away. The dangers of delay were made plain by a case in which foot-dragging led to the sacrifice of a possible six-figure legacy. The case...

Mental Health Counsellor Pays Price for Overstepping the Professional Mark

Professional counsellors often have to delve deep into their clients' private lives but must always be careful not to overstep the mark of propriety. The High Court made that point in awarding compensation to a troubled woman whose counsellor recklessly did...

Restrictive Covenants - Objectors Succeed in Blocking Flats Development

If a neighbour has been granted planning permission for a development to which you object, you may feel that there is little or nothing you can do about it. As a tribunal ruling showed, however, you may well be wrong about that. The case concerned a...

While care has been taken to ensure that information contained in the articles and publications is true and correct at the time of publication, changes in circumstances after the time of publication may impact on the accuracy of this information. All of the information on this website do not constitute legal advice and is provided for general information purposes only. No warranty, whether express or implied is given in relation to such materials. Clarkson Wright & Jakes Ltd shall not be liable for any technical, editorial, typographical or other errors or omissions within the information provided on this website, nor shall we be responsible for the content of any web images or information linked to this website.