Relationships can seem indestructible when they begin. The excitement and the feeling of being in love can make it seem pointless or disloyal to raise the question, ‘what do we do if it all goes wrong?’ With high divorce rates and...
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Where a claim has no serious chance of success, the court may order it to be ‘struck out’. When this occurs, the claim fails absolutely. The court has the right to strike out a claim at any stage in the proceedings, but must use this power only...
The power of trust beneficiaries to direct in certain circumstances the actions of the trustees of the trust under which they benefit was clearly shown in a recent High Court case in which beneficiaries blocked the sale of trust shares. The trust in...
Owners of business properties occupied rent free by employees will breathe a sigh of relief following a recent decision of the Court of Justice of the European Union (CJEU). In an action brought by the state of Belgium, the CJEU has confirmed that where a...
When the owners of a Moroccan factory disappeared, leaving their workers unpaid, production ground to a halt. This left a UK-based customer facing a business emergency. The company got in contact with the factory workers directly and made a payment to them...
When the owners of houses that were built on piles discovered that the walls of their properties were cracking, they established that the reason for the problem was that the piles underpinning their houses had settled. The piling had been negligently carried...
When a council tenant who suffers from depression moved into his late brother’s council flat after he had died, the council was none the wiser for a considerable period of time. When it did discover the circumstances, it wrote to the man (who had built...
In 2011, HM Revenue and Customs (HMRC) challenged more than 10,000 Inheritance Tax (IHT) returns, according to accountants UHY Hacker Young. Each challenge yielded an average increase in IHT payable of £27,000. In 2010, there were 493,000 deaths...
After an eight-year legal battle, the European Court of Justice has confirmed that the ‘Gold Bunny’ packaging used by chocolatier Lindt is insufficiently distinct to warrant registration as a three-dimensional trade mark. Lindt sought to...
Mistakes are mistakes, but in law, when a legal claim is made, the fact that a mistake was made is only the first step to obtaining damages. The second step is to prove that a loss has been suffered. This point was at the core of a recent decision by the...
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