Latest News

Woman Wins £55,000 for Boat Accident

A woman who crashed into a stanchion on a boat during a river trip, suffering injuries to her face, has been awarded damages of £55,000. Sinead McGlinchey, 23, was attending a surprise barbeque party with four other women in April 2008. The event...

HMRC Can See Accountants' Tax Advice to Client

A major principle on which the legal system in England and Wales relies is that the communication between a client and his or her lawyer is private. The courts cannot force the disclosure of the communications passing between client and lawyer, whether...

Professionally Drafted Will Thrown Out by Court of Appeal

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...

Occasional Use Sufficient to Preserve Access Right

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...

French Tax Changes Mean More Food for Thought

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...

Price Info Swap Anti-Competitive

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...

Court Upholds Deferment of Payment After Business Fails

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: ...

Website Liable When Users Breach Copyright

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...

Mortgage Debt Not Regulated by Consumer Credit Act 1974

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...

Pre-Pack Owner Fails to Secure Lease

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...
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