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Justice should not only be done but should be seen to be done. That phrase may be somewhat hackneyed but, as a High Court planning case showed, it is a golden rule that serves to root out even the appearance of bias in official decision-making. Continue reading →
Residential property often represents the majority of a person’s wealth and valuing it for Inheritance Tax (IHT) purposes is, par excellence, a matter for professionals. In a case on point, a son who dispensed with expert tax and valuation advice following his mother’s death found himself in very deep water. Continue reading →
Care home owners were possibly the hardest hit of all by the onset of the COVID-19 pandemic. As an Employment Tribunal (ET) ruling showed, however, the crisis did not relieve them of their obligation to treat staff fairly. Continue reading →
If a partner in a professional firm defrauds a client, should his or her fellow partners be treated as privy to the fraud even if they are entirely innocent? In a ruling that broke new legal ground, the Court of Appeal answered that question decisively in the negative. Continue reading →
No matter how small your business may be, it is always worth engaging a solicitor to ensure that you have proper trade mark protection. In a High Court case on point, registration of various trade marks paid dividends to a sole trader who made a modest living from the provision of cleaning services. Continue reading →
No matter what shape or form a disability may take, employers are always required to take them seriously. An Employment Tribunal (ET) made that point in the case of a teaching assistant who suffered from a severe phobia of coming into contact with other people’s bodily fluids (A v B). Continue reading →
Oral commercial agreements have a nasty habit of fostering dispute, yet a surprising number of even the most experienced businesspeople still persist in entering into them. A case on point concerned a couple who orally engaged an estate agent to assist them in finding profitable property investments. Continue reading →
When money passes between parents and their children, it can be very difficult to tell whether the transaction is a loan or an outright gift. A High Court ruling in the context of a bitter falling out between a wealthy father and son showed why no amount of familial love and affection can be a substitute for expert legal advice. Continue reading →
A finding of race discrimination is always an extremely serious matter and that is why a rigorous approach to evidence and proof is required of Employment Tribunals (ETs). In one case, a healthcare support agency accused of subjecting a black worker to less favourable treatment succeeded in showing that that high standard was not met (Key Care Support Ltd v Johnson). Continue reading →
Commercial leases frequently stipulate that premises are to be handed back to the landlord ‘with vacant possession’ – but what exactly does that mean? The Court of Appeal pondered the issue in a case concerning an office block that was stripped back almost to the walls prior to the tenant’s departure. Continue reading →
