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VAT Registration Threshold Increased

Following changes announced in the UK's Spring Budget Statement, the VAT registration threshold for small businesses is set to be increased. Secondary legislation will amend the Value Added Tax Act 1994 to increase the VAT registration and deregistration...

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...

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...

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...

Nature of Confusion Considered in Pet Insurance Trade Mark Dispute

The likelihood of 'actual confusion' occurring between two trade marks was put under the spotlight recently in a case coming before the High Court . The case centred on two pet insurers. The claimant alleged that their registered trade mark –...

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...

HSE Bidding to Reduce Asbestos Exposure in the Workplace

Reducing asbestos exposure in the workplace is a major thrust of a new awareness campaign launched by the Health and Safety Executive (HSE). Asbestos: Your Duty aims to improve understanding of what the legal duty to manage asbestos involves. Asbestos...

Evasion of Import Duty - Rolex Watches Seized at Stansted Airport

Misdescribing goods consigned to the UK with a view to evading import duties is a very serious matter. An American company trading in second-hand luxury watches found that out to its cost when five Rolex time pieces, valued at $59,000, were seized at...

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...

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...

New Code Aims to Boost Music Streaming Licensing Transparency

In a world first, the UK's Intellectual Property Office (IPO) has published a Code of Practice on Transparency in Music Streaming. The voluntary Code has been developed and agreed by 12 music industry bodies representing music creators, record labels,...

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...

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...

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...

Post-Brexit Biosecurity Border Controls Come Into Effect

New post-Brexit border controls introduced by the government have now come into effect for animals, plants and plant products imported to Great Britain from the EU. The controls – known as the Border Target Operating Model – apply to products...

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...

Couples Who Keep Separate Finances May Still Need to Discuss Tax Affairs

Even in long-term or married relationships, couples very often operate separate bank accounts and keep their personal finances private from one another. However, as a case concerning the High Income Child Benefit Charge (HICBC) showed , such confidentiality...

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...

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...

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...

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...

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. The...

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...

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 cases...

How are 'Refer a Friend' Schemes Treated for VAT Purposes? Guideline Ruling

With a view to generating new client introductions, many public-facing businesses operate so-called 'refer a friend' schemes. In an important decision, the First-tier Tribunal (FTT) pondered the consequences of such arrangements in terms of VAT . An energy...

Mis-selling of Financial Products - Supreme Court Upholds PPI Claim

If you have been mis-sold a financial product, any delay in seeking legal advice may jeopardise your right to compensation – but what if facts on which you might found your case have been deliberately concealed from you? The Supreme Court answered...

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...

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,...

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 be...

Are Bonus Clawback Provisions an Unreasonable Restraint of Trade?

Employment bonuses are commonly awarded on the basis that they must be repaid 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...

Relationship Come to an End? Do You Understand the Tax Implications?

The end of a relationship will often have important tax implications which might only be apparent to a trained professional. That was certainly so in the case of a woman who, following the collapse of her marriage, was saddled with a substantial Capital...

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...

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 cases,...

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...

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...

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...

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...

Where in a Supply Chain Does VAT Come Home to Roost? Guideline Ruling

In deciding where in a supply chain VAT liabilities come home to roost, tax tribunals look to the economic reality of commercial relationships. That was certainly so in a case of critical importance to the burgeoning online trade in academic papers . The...

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...

How Good a Guide is an AIM Listing to a Share's Open Market Value?

Most investors would agree that the price at which shares are listed on an accredited investment exchange is as reliable a guide as any to their open market value. A tax dispute concerning a gift of shares to charity , however, showed that such an...

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...

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...

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...