201712.27

Iraqi Civilians Win Compensation Following Ill-Treatment by British Forces

Some may consider all to be fair in war, but judges take a different view and adamantly uphold the duty of British forces to respect human rights, both at home and when on campaigns overseas. In a landmark ruling which will ultimately cost the Ministry of Defence (MoD) millions, the High Court upheld damages claims…

201712.21

Wedding Dress Maker Pays Price for Infringing Ex-Boss’s Design Rights

The fruits of employees’ creativity generally become the property of their employers and that seems only right as the former are paid for their work. The principle was upheld in one case concerning a dressmaker who, after being sacked from her job, illicitly copied a wedding dress design that she had been instrumental in creating….

201712.20

Houses in Multiple Occupation Can Be a Legal Minefield Without Advice

Owners of houses in multiple occupation (HMOs) owe a battery of legal duties and would be wise to seek professional advice to ensure compliance. In one case, the freeholder of a tenanted property ended up in very hot water after refusing to provide information to a local authority and questioning its HMO licensing fees. The…

201712.19

Old Rectory Makes Way for Modernist Home – High Court Ruling

Conservationists and fans of modern architecture do not always see eye to eye but both have valid points of view that can be finely balanced. That was certainly so in one case in which the High Court opened the way for demolition of a former rectory and its replacement by a striking, but controversial, contemporary…

201712.19

Legal Time Limits are Flexible and Can Be Extended – Not So!

There is a tendency to believe that legal time limits are flexible and can be extended – but that is by no means always the case. The point was made by one case in which a property company’s hopes of building homes on its land were effectively scotched due to its delay in launching proceedings….

201712.19

Prison for Lying Pensioner Who Abused the Bankruptcy Process

Bankruptcy provides an opportunity for debtors to put their finances back on an even keel and to get on with their lives. However, as one High Court case showed, those who hide their assets or otherwise fail to cooperate with the insolvency process can face severe punishment, including loss of liberty. The case concerned a…

201712.18

Charity Commission Guidance for Safer Giving

This time of year is one in which charitable giving tends to peak, but regrettably so does the incidence of bogus charity collections. The Charity Commission has issued a check-list of points for those considering making charitable donations…here are their tips. Safer giving street donation tips Check the charity has a charity registration number and…

201712.18

Accountant Who Forged His Mother’s Will Jailed for Contempt of Court

As any lawyer will tell you, the consequences of lying under oath in court can be very serious indeed. In one case, an accountant who forged his dead mother’s will in an attempt to get his hands on her stake in the family’s £160 million business had his reputation ruined and was sentenced to 12…

201712.15

Equal Pay Claims and Employer Insolvency – Guidance Ruling

In an important decision, the Employment Appeal Tribunal (EAT) has ruled that equal pay claims being pursued by catering workers did amount to claims for ‘arrears of pay’ and ‘debts’ that transferred from one employer to another when there was a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) after…