A recent case illustrates the sort of unanticipated problem that can arise as a result of owning property abroad. The case involved an English man who owned a property in Brittany. He was in receipt of social security benefits – in particular,...
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...
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...
HM Revenue and Customs have announced that non-UK resident persons who remained in the UK due to disruption of their travel plans because of the volcanic ash cloud and who, as a result, spent more than 90 days in the UK at one time, will not be treated as...
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...
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...
Taxpayers who evade more than £25,000 of tax will now be ‘named and shamed’ by HM Revenue and Customs (HMRC) where the evasion affects a period after 1 April 2010. It is expected to be 2011 before the first tax evaders will be publicly...
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 ...
With tax rates on the rise and the coldest winter in years still a vivid memory, it may be a tempting prospect to leave Britain behind and settle somewhere in the sun. One of the drawbacks with this approach is that it is, in practice, difficult to sever...
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...
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...
A person is regarded as being disabled for the purposes of the Disability Discrimination Act 1995 (DDA) if they have 'a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day...
A recent case illustrates that HM Revenue and Customs (HMRC) will often vigorously challenge potentially low asset valuations for Inheritance Tax (IHT) purposes. HMRC disputed the probate value of a property, which had been valued by two different valuers...
Following a series of cases involving unqualified will writers, the Office of Fair Trading (OFT) has announced that it has approved a Code of Practice which will apply to members of the Institute of Professional Will Writers (IPW). The code of practice will...
Most people – and certainly those who have been involved in an opposed planning application – know what a NIMBY is but, following a case heard in the Supreme Court, we may now see the rise of NOOViGs (not on our village greens). The reason for...
Those who buy new homes 'off plan' now have significant new protection under the Consumer Code for Home Builders , which came into affect on 1 April 2010. The Code requires builders of houses to keep buyers informed of the progress of the construction...
When senior employees leave a company, the commercial risks presented can be considerable. A recent case on this subject concerned a director who left the company he worked for and then set up in competition with it. The company supplied energy surveys of...

