Legal News

An easement (such as a right of way) is a right over someone else’s land. A right of easement, once granted, is quite often forgotten about. However, a recent case shows how important it can be to make sure that an easement does not lapse through...
Musculoskeletal disorders (MSDs) are the most common occupational illness in Britain. They include problems such as low back pain, joint injuries and repetitive strain injuries of various sorts, and affect more than 500,000 people every year. They are often...
The comedian Jimmy Carr was recently successful in using a loophole in the law to avoid a fine for using a mobile phone whilst driving. The argument was based on the fact that he was using his mobile phone as a dictating machine, rather than as a...
An argument over a narrow strip of land has left a mother and son facing massive costs after their case was heard in the Court of Appeal recently. The dispute arose because their neighbour wanted to put up a fence on what he considered to be the dividing...
Employment Appeal Tribunal (EAT) has ruled that the Employment Tribunal (ET) had no jurisdiction to refuse to accept a claimant’s ET1 claim form, on the ground that it found some of the handwriting illegible, because the form did contain the required...
The problems which can arise when there is an intestate estate that involves business assets were made clear recently when the High Court had to rule on a complex claim relating back to a death that occurred many years ago. At stake was a share in a farm,...
Litigation can be expensive and there are good reasons in many cases for achieving a resolution by mediation when possible. The best course of action will depend on the individual circumstances of the case. Recently, a court case was settled after a...
The Court of Appeal has ruled that a man who knew that he and his daughter were about to become homeless, and who wrote to the council seeking its assistance in obtaining accommodation, had done enough to trigger the council’s obligation to provide...
When someone breaches a confidence and uses confidential information to make a profit, one of the legal remedies which may be sought is to require the person committing the breach to account for the profit made as a result. In a recent case , two...
The Court of Appeal has ruled in a case which establishes an important precedent for the setting of fines for breaches of environmental law. Thames Water had appealed against a fine of £125,000 for a mistake which had led to pollution of the river...
Employers should be aware that problems may arise during major sporting events as a result of employees supporting different national teams. In a recent case , a woman claimed that remarks made to her by a colleague during the 2006 FIFA World Cup amounted...
In many countries, bribery and corruption are commonplace. IKEA recently ceased its expansion in Russia, for example, because of the difficulties in obtaining permission to build new stores without being willing to engage in corrupt practices....
Breach of copyright on the Internet is relatively common, but it is still a breach of the law and one for which there is no defence based on ignorance. Copyright is an absolute right, which arises automatically. Nothing has to be done to obtain it: it arises...
A recent case in the Court of Appeal has resulted in a 92-year-old widow being given the right to evict her daughter and son-in-law, after a bitter family dispute that has lasted, on and off, for 20 years. The judges dismissed the couple's claims that they...
Social Housing providers will greet a recent decision of the Supreme Court with relief. The Court upheld a local council’s decision that it had discharged its duty to secure accommodation for persons who were homeless by sending each of them a...
Over 1,500 people who suffered chemical burns and allergic reactions after buying ‘toxic sofas’ are to share a compensation settlement worth £20 million, in what is thought to be the largest consumer class action in English legal history. ...
In the light of research carried out by the Health and Safety Laboratory, which shows that worker participation in implementing occupational health and safety measures has a positive effect on health and safety performance, the Health and Safety Executive...
A total of 15 people died from carbon monoxide poisoning associated with domestic gas appliances in the year 2008/2009, mainly a result of gas appliances being fitted badly or not being serviced properly. All landlords have a statutory obligation under the ...
The first prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007 has been pending for some time and is eagerly awaited as it will provide guidance in practical terms on the likely level of fines in such cases, following the issue of...
Little publicised, but nonetheless important for many private landlords, are changes implemented by the Town and Country Planning (Use Classes) (Amendment) (England) Order 2010 , which mean that, in certain circumstances, a landlord wishing to let out a...
An executor who stole more than £80,000 from the estate of a client faces a jail sentence for his crime. The man, who operated as a ‘will writer’, also faces a confiscation order against his assets. Much of the money was used to finance a...
An accountant who stole nearly £900,000 from his employer over a 10-year period was ordered to repay £150,000 (the maximum amount of assets available for seizure) and was sentenced to three years in prison. The employee used his illicit gains to...
A Procurement Policy Note issued in March by the Office of Government Commerce requires government departments and non-governmental bodies over which the Government has direct control to pay its contractors within 30 days. However, before hard-pressed...
In a case now before the courts, the Financial Services Authority (FSA), which is currently responsible for regulating the financial services industry in the UK, claimed that three men had unlawfully taken deposits from acquaintances, with a view to making...
An easement is a right over someone else’s land, such as a right of way. Once granted, rights of easement are frequently forgotten about, but a recent case shows the importance of making sure that an easement does not lapse through disuse. It...