In the context of a bitter falling-out between former colleagues in a highly profitable asset management business, the Court of Appeal has acknowledged that certain aspects of the law on the formation of partnerships could usefully be clarified. The Court...
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When a GP referred a female patient to the local hospital for an urgent investigation, it should have led to her prompt diagnosis and treatment for ovarian cancer. However, the referral letter was lost and, furthermore, the GP had failed to tell the patient...
When an attempt is made to challenge the validity of a trade mark, the first issue to resolve is whether or not the trade mark is ‘distinctive’ – in other words, whether or not it is capable of distinguishing the goods or services to which...
When a beneficiary initiated ‘considerable efforts’ to check up on the activities of the executor of a deceased woman’s estate, the decision to investigate the conduct of the executor (who had also had a power of attorney during the...
The owner of a Chinese restaurant has succeeded in his claim that a residential property used to provide accommodation for the restaurant's employees was a 'business asset' for the purposes of taper relief from Capital Gains Tax (CGT). The house, which had...
A recent tax dispute shows the importance of retaining records. It concerned a man who bought two properties which he let out. When he disposed of them, he did not make returns of the capital gains which arose because he did not file a self assessment tax...
In a case which starkly underlines the dramatic and often unforeseen impact that compound interest can have on apparently modest service charges, holiday chalet tenants who could end up paying their landlord more than a million pounds annually have...
One of the reasons we recommend taking advice as soon as you are aware that a problem has arisen is that time limits apply (as set out in the Limitation Act 1980 ) to virtually all legal actions and if a claim is not brought in time, the court will, in all...
When a care plan for children is agreed and there are conditions that apply, it is essential to make sure that these are complied with, as a recent decision shows. When grandparents allowed ‘sneaky visits’ to their grandchildren by the...
If social networking is part of your firm’s marketing activity, you should be aware of the data protection implications. The Data Protection Act 1998 applies in such cases because the exemption which applies when personal data is ‘processed by...
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