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Rights of way over land are a constant source of dispute and, because the law relating to land is complex, such disputes all too frequently end up in avoidable court proceedings. A recent case heard by Bristol County Court was brought by a man who claimed...
Trade marks are jealously protected by their owners. A recent case shows how even seemingly uncontroversial trade marks can be found to infringe existing trade marks and proves the need for care in such circumstances. The case involved tyre giants...
The first issue that has to be decided in any injury claim is that of liability – who was actually responsible for the injury? Sometimes this is far from straightforward and, even when the injury is clearly not the fault of the person who was injured,...
Following a four-week pilot scheme, the Employment Tribunal Fees Refund Scheme is now open to anyone who paid fees in respect of an Employment Tribunal or Employment Appeal Tribunal claim after their introduction in July 2013. Those eligible can apply...
There really is little point in instructing lawyers to represent you if you do not then listen to their advice. In one case which illustrates this , two women dispensed with the services of not just one but two legal teams, after they were advised to...
There has been much grumbling over the years about the fact that where a tenant occupies multiple floors of a building, those floors will normally be treated as separate premises for the calculation of business rates. This normally produces larger rates...
It is not often that the facts about how much of a mortgage was repaid are a matter of dispute, but in a recent case that was what happened and the decision led to a judge being criticised for her unorthodox approach to the evaluation of evidence. A couple...
It is often said that insurance companies do not like paying out and, in one case that lent support to that assertion, an insurer put private detectives on the tail of a chronic fatigue syndrome sufferer but utterly failed to prove that he had lied and faked...
The Employment Appeal Tribunal (EAT) has upheld the decision of the Employment Tribunal last year that Uber drivers are workers, rather than being self-employed, and thus have the right to be paid the National Minimum Wage or the National Living Wage and to...
The trouble with light-hearted discussions of important business matters in a social context is that none of those present can really be sure whether any agreements apparently reached are serious or merely a joke. Exactly that happened in one case in which...
According to the Government's GOV.UK website, if you are a company director, you have to file a tax return every year. It says that every UK company director must send in a personal self-assessment tax return annually, and that this must be done even without...
When doctors failed to ascertain a baby's position before a forceps delivery, the terrible result was an acute spinal cord injury to the baby, leaving him quadriplegic and unable to breathe without a ventilator. The boy, who is now eight years old, was one...
When distinguishing between employees, workers and self-employed contractors, bargaining positions can provide a useful litmus test. That was certainly so in a further case on this topic in which an Employment Tribunal (ET) found that a bicycle courier was a...
It is estimated that more than 800,000 Britons now own property abroad. What used to be highly exceptional may now seem rather commonplace, but that is no reason why buyers should relax their vigilance over the process. In particular, it is absolutely vital...
Having a trade mark is all well and good, but a recent case should serve as a reminder that failing to use trade marks may lead to them being lost. The case involved a trade mark for a cigarette brand which was registered to a tobacco company in the USA. ...
When a mother or father dies as a result of negligence, the law does not leave their dependent loved ones to sink or swim. In one case, the widow and two children of a property developer who died two years after being gravely injured in a road accident...
An executor of an estate is personally responsible for his or her actions, so as well as there being significant duties, on occasions the role can also involve significant risks. One example of this would be where an executor completes the estate...
Virtually all leases have clauses which stipulate that when the lease comes to an end, the tenant must leave the premises in the same condition as they were in when they entered them, and the negotiations over the termination of a lease will often involve a...
Hearing loss and tinnitus, being invisible and usually progressive, are often not noticed until well advanced, by which time the probability of there being any effective treatment is exceedingly low. However, the link between high noise levels and hearing...
Family courts routinely grant anonymity to children involved in care proceedings, but that inevitably has an effect on parents and others who might wish to publicise their objections to judicial orders. Exactly that issue arose in one case in which a...
Solicitors are not easily intimidated and are well able to defend their clients against groundless accusations. In one case that proved the point, a grandmother won over £30,000 in damages after defeating claims that she was drunk and wearing...
You may think that if people of substance are behind a business you have a dispute with, this acts as a source of comfort that any sum you are awarded against the company is likely to be met, but that is not necessarily the case, as a recent dispute shows. ...
In the same week that a former policeman was convicted of stealing a house and £200,000 from his disabled cousin by abusing a power of attorney in his favour, a judge advanced the case for using a court-appointed deputy to manage the affairs of a...
The NHS generally does a good job in difficult circumstances, but medical blunders do occur and it is only right that those who suffer are compensated. In one case, a woman who was stricken by cervical cancer after hospital staff missed signs of the disease...
Housing developments are almost always controversial and, in deciding whether or not to approve them, planners have to balance environmental and other objections against social and economic benefits. That was certainly so in one case in which the High...