A recent tax decision could spell trouble for limited liability partnerships (LLPs). It involved an LLP which purchased and provided cars and fuel for the use of partners in the LLP. The partners were either directors in a company to which the LLP provided...
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A right of way over land can only be exercised as a right for lawful purposes – it cannot legitimise conduct that would otherwise be unlawful. This rather obvious point was in fact central to a recent case that involved two neighbouring landowners ...
Most people know that when someone is injured in an accident caused by an uninsured driver, compensation is still available. However, when an insured person has given an uninsured person permission to use their vehicle, what is the position? The law states...
A landlord normally has a responsibility to a tenant for certain aspects of the safety of the let premises. Commonly, the terms of the lease specify that the landlord is responsible for the external and common areas of the building except for damage caused...
A man who was made bankrupt has failed in an attempt to persuade the court that, following his discharge from bankruptcy, he should be relieved of the duty to make payments due to his ex-wife. He had been ordered to pay her the sum of £450,000...
A recent case involving supermarket chain Somerfield (now part of the Co-Op) shows the wisdom of thinking through the implications of a contract before undertaking it. The supermarket chain made an agreement with a company called ParkingEye to monitor...
When an executor becomes responsible for administering the estate of a person who has died, he or she is required to gather in the assets of the deceased and to discharge from them any amounts owed by the deceased. A recent news item shows how important it...
When Devon County Council put forward its proposals for funding elderly care, a number of care homes considered that the amount of finance being provided per person was so inadequate that they mounted a legal challenge. The care homes applied for a...
When a Scottish council computerised its pension records, it failed to ensure that the paper records were appropriately disposed of – and the result was a £250,000 fine. After the work was completed, files were discovered to have been dumped in...
When a landlord failed to comply strictly with its obligations under a lease, it was left to count the cost of the failure. The landlord was required to insure the building it let out to four tenants and to hold the insurance in the joint names of itself...
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