A man who tripped over a pothole and injured his ankle has won £8,500 in damages from Brighton and Hove City Council, which was responsible for the site where the accident occurred. The accident happened in April 2010. The man, who is a street...
A legal battle which led to a six-day trial resulted in the Court of Appeal declaring that a will was invalid , even though it had been drafted by an experienced solicitor. The case concerned a will that was written in 2007, the practical effect of which...
When a road or pathway is regularly used by people and the owner takes no active steps to prevent this or assert control over the land concerned, an ‘easement by prescription’ can be created under which the right of access becomes lawful and the...
On 1 April 2013, the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) came into force. The effect of this has been the drastic reduction in the number of people who can access free legal representation going forward. The level of people who are...
The French Government passed measures last year which have increased the taxes payable by non-resident owners of properties in France and further rises are planned. Since 1 January 2012, the rate of tax for rental income arising on French property is 35.5...
A report released by the Marriage Foundation last month suggests that second marriages are less likely to end in divorce than first marriages. According to the report, where one or both spouses are entering their second marriage, they face an estimated 31%...
The husband of a former Woolworths employee who died of an asbestos-related disease in 2010 has won compensation from the defunct retailer’s insurers. Betty Westhead had worked at the Woolworths shop in Durham for 35 years, until 1982, and it was...
The Office of Fair Trading (OFT) can take a very strong line when it discovers that price information is passing between competitors with the result that the competition between them is diminished. This can include situations in which information about...
The Agency Workers Regulations 2010 (AWR), which implement the EU Agency Workers Directive, came into force on 1 October 2011. Under Regulation 5 of the AWR, agency workers have the right to the same basic terms and conditions of employment as if they had...
A motorcyclist who suffered severe ankle injuries in a road accident has won £50,000 in damages. The man, who is in his 20s, was riding his motorcycle in South London when a car suddenly reversed out of a side road right in front of him. It appeared...
A businesswoman whose business fell victim to the recession has persuaded the family court that it would be appropriate for the settlement she had agreed to pay her ex-husband to be varied. The total settlement was £450,000, made up of: ...
The Internet is throwing up a number of examples of cases in which information is ‘recycled’ in breach of copyright and a legal action results. In one such case, the court ruled that if the actions of an organisation ‘inevitably’ lead...
A couple who defaulted on their £500,000 mortgage have failed to convince the High Court that the loan is unenforceable by reason of the lender’s failure to comply with the safeguards contained within the Consumer Credit Act 1974 . The Court...
Insolvent tenants can be a major headache for landlords. For example, when a corporate tenant goes into administration, the landlord needs to obtain the consent of the administrator, or of the court, to forfeit the lease. This is because administration is...
Figures have recently been published showing the amounts of money paid out in the last five years by education authorities across the country in settlement of compensation claims brought against schools for trips, slips and falls. For example, Kent County...
Many people fail to make a will, thus causing problems for surviving family members. However, difficulties can also arise when a person makes several wills, particularly if these contain drafting errors. A recent case concerned a woman who died having...
With one in six British marriages now involving a spouse not domiciled in the UK, problems involving the tax consequences of domicile are becoming increasingly common. Most of the press coverage involving domicile and tax has involved Income Tax. However,...
A Network Rail worker who was left with permanent damage to his hands after working with vibrating tools for many years has won an undisclosed amount in compensation. Kevin Thornton, 48, worked for Network Rail and its predecessors for more than 22 years as...
When a shipyard worker was injured in an accident, he received a £7 million settlement from his employer. The ultimate cause of the accident was a defect in the design of equipment (a platform) that he was using, which had recently been installed at...
On 22nd April 2013 the House of Lords voted on the proposed changes to Health and Safety law. This means that there will be an amendment to s47 of the Health and Safety at Work Act. Claimants/employees will no longer be able to rely solely on a breach of...
A businesswoman who was belittled as being ‘no more than a receptionist’ by her multi-millionaire husband has had her £2.7 million divorce settlement upheld after the Court of Appeal ruled that her ‘exceptional’ contribution...
If you are considering making a claim for compensation for clinical (medical) negligence, or personal injury what happens to your benefits? Will they stop being paid as soon as you receive your compensation or is there a way that you can keep receiving them...
The Court of Appeal has overturned the decision of the Employment Appeal Tribunal (EAT) and ruled that a lap dancer at a London club owned by Peter Stringfellow was not an employee ( Stringfellows Restaurants Ltd. v Quashie ) and was not therefore entitled...
A former RAF aircraftman who was paralysed in an accident at a ‘Health and Fun Day’ has finally won his claim for compensation for his injuries more than seven years later. Robert Uren was 21 when the accident happened in July 2005. He was...
When a businessman voiced his opinion on planning matters by joining a planning action group which opposed the construction of two biomass power plants, he did not expect his past business record to become the subject of debate. However, a bundle of papers...
