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Bus Cleaner Compensated for Consequences of Accident at Work

When a woman who worked as a cleaner for a bus company in Maidstone, Kent, impaled her foot on a metal splinter at work, she could not have expected that the incident would leave her near to death and her leg needing to be amputated. The injury happened in...

Mental Capacity is Task Specific

The law relating to mental capacity (the legal term for soundness of mind) does not stipulate that a person has to be ‘capable’ or ‘incapable’ as regards making any decision. Whether a person has or lacks mental capacity depends on...

Tenancies Can Be Worthless If Mortgage Lender Not Informed

A lease may not be worth the paper it is written on if the landlord’s mortgage lender does not consent to the tenancy. A recent ruling by the Court of Appeal opened the way for the eviction of a mother and her two children after it found that they...

Pension Trustee Pays Cost of Lack of Diligence

When an unauthorised payment of £100,000 was made by a pension scheme for which a chartered accountant was responsible, he found himself facing a £15,000 fine. The accountant was the administrator for the pension scheme for the directors of a...

Alterations Invalidate Surety

When a landlord gave a tenant a licence to make substantial alterations, little did it think that it was undermining its future financial position. The reason was that another party had ‘stood surety’, acting as guarantor over the lease...

British Weather Clinches Foreign Residence Claim

A recent attempt by the wife of a British expatriate, who had lived for many years in Spain, to persuade the English court to accept jurisdiction over their divorce was frustrated by the Court of Appeal , which decided that the husband’s...

LinkedIn Tug of War Resolved

When key staff left a publisher and set up in competition, the High Court was called upon to consider the question of who should have control over the LinkedIn groups they had created – the former employees or their erstwhile employer. The question...

Legal Form Determines Tax Treatment

In a cautionary tale for ‘buy-to-let’ property owners, an accountant who was hit with demands for back taxes and penalties in respect of rental profits has failed to convince the First-tier Tribunal that his wife, a basic rate taxpayer, was...

Guidance for NEDs

Many non-executive directors (NEDs) do not appreciate that in law their responsibilities as directors – as well as their rights – are exactly the same as ‘full-time’ directors. When a company fails, NEDs can find themselves facing...

County Council Wrests Control of Dementia Sufferer's Estate

When a person loses their ability to function intellectually, dealing with their affairs can be extremely difficult unless there is a power of attorney in place. In a recent instance, a local council went to court to obtain permission to sell assets...
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