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Wife Sees Off Bankruptcy Trustees' Attempt to Sell Off Her Home

When people dispose of assets shortly before having themselves declared bankrupt, it is inevitable that eyebrows will often be raised. However, as a judge's ruling showed, it is one thing to allege an improper motive and quite another to prove it. The case...

Rugby Club's Expansion Plans Not Inhibited by 1922 Restrictive Covenant

Land is often sold subject to restrictive covenants that inhibit the use to which it can be put. As a guideline Court of Appeal ruling showed , however, the distinction between restrictions that provide a personal benefit to the vendor alone and those that...

Judge Opens New Chapter in Woman's Life by Dispelling Dark Family Secret

Dark secrets lurking in your family background are likely to cause you untold pain. As one case showed , however, bringing the truth to light in the safe environment of a family court can draw the sting and bring peace to you and future generations. The...

Risk of Industrial Action is a Fact of Business Life - Court of Appeal Ruling

Strike action that grounded an airline's planes did not amount to an 'extraordinary circumstance' that justified passengers being denied compensation after their flights were cancelled. In reaching that conclusion, the Court of Appeal observed that...

Private Dog Grooming Tutor Denied VAT Exemption

The categories of business that enjoy VAT exemption are highly restricted and any attempt to extend them is likely to encounter stiff opposition from HM Revenue and Customs (HMRC). That was certainly so in the case of a woman who provided private tuition in...

Accurate Record-Keeping Saves Clothing Traders from Swingeing VAT Bills

HM Revenue and Customs (HMRC) investigations can be a daunting and potentially very costly experience for any business. However, as a tax tribunal ruling showed, clear and comprehensive record-keeping is the best defence. The case concerned two traders in...

Judges Have No Power to Rewrite Valid Wills - Guideline High Court Ruling

Judges have no power to rewrite your will after your death so as to achieve a result which, in their view, better reflects your wishes. The High Court made that point in upholding the validity of a Parkinson's disease sufferer's will although, at least in...

Design Rights - Tourist Hoodies and T-Shirts Lack Novelty, High Court Rules

For a design to qualify for protection as intellectual property, it must both be novel and have individual character. In a guideline case, the High Court found that the design of Union Jack-emblazoned hoodies and T-shirts, targeted at the London tourist...

Equal Sharing Principle Delivers Fair Result in £6 Million Divorce Case

When it comes to divorce, it is very common for one spouse to argue that he or she should receive the lion's share of the marital wealth. However, as a guideline case concerning an entrepreneurial couple showed , fairness usually demands that an equal...

Empty Cinema Blaze Triggers Landmark Court of Appeal Ruling

When marketing commercial premises, they obviously have to be made available for inspection by prospective buyers, tenants or their representatives – but to what extent, if any, do such visitors owe the property owner a duty of care? The Court of...
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