Most people might think that one only has to use one’s eyes to see whether or not a building is undergoing demolition. However, a Court of Appeal ruling on a building contract dispute underlined the difficulty of defining the word ‘demolish’ in a planning context. A property owner engaged a…
Bankruptcy Order Made Against Alzheimer’s Disease Sufferer Overturned
Judges will not tolerate any watering down of the powerful protection given to elderly, infirm or otherwise vulnerable people who lack the mental capacity to conduct litigation. The High Court made that point in overturning a bankruptcy order made against an 81-year-old Alzheimer’s disease sufferer. Acting in his capacity as…
Foreign Nationals Injured Whilst Visiting the UK Can Rely on English Lawyers
It is inevitable that accidents befall some of the millions of foreign nationals who visit Britain every year and, if the worst happens, they can rely on UK lawyers to ensure that they are properly compensated. That was certainly so in the case of a Swedish man who was struck…
Whistleblowing and the Public Interest – Guideline EAT Ruling
Workplace disclosures of information can only qualify for whistleblowing protection if they are made in the public interest – but what exactly does that mean? Guidance on that issue was given in an important Employment Appeal Tribunal (EAT) ruling. Whilst working for a law firm as a consultant, a solicitor…
Husband in £64 Million Divorce Case Claims COVID-19 Hardship
COVID-19 has without doubt drastically affected the fortunes of some very wealthy people. As a High Court ruling in a big-money divorce case showed, however, the pandemic does not by itself amount to a good reason for failing to meet legal and financial obligations. The case concerned an extraordinarily wealthy…
Retention of Criminal Records – 100-Year Rule Passes High Court Scrutiny
In a case which raised novel data protection and human rights issues, the High Court has emphasised the vital importance of the Police National Computer containing a definitive and comprehensive record of criminal convictions – no matter how old or stigmatising they may be. The case concerned three women who…
Dairy Contracts Dispute – Judge Refuses to Subvert the Free Market in Milk
Commercial contracts create legal obligations and judges are often willing to issue injunctions to enforce their terms. However, as a High Court case concerning the dairy industry showed, they will not do so if such orders are likely to subvert the operation of the free market. A number of members…
Supreme Court Urges ‘Give and Take’ in Town or Village Green Dispute
Town or village greens (TVGs) are effectively sacrosanct against development and public access to them is heavily protected by law. However, they are often privately owned and, as an important Supreme Court ruling showed, that can create some stark conflicts of interest. The case concerned a 200-square-metre area on the…
What Is a Reasonable Excuse? Cricket Club Relieved of £20,000 VAT Penalty
If you fail to meet your tax obligations, you can expect to receive a stiff financial penalty – but what if you have acted honestly and your default arises from flawed information provided by HM Revenue and Customs? The Upper Tribunal confronted that issue in relieving a cricket club of…
Policies Restricting Employee Social Media Usage Can Be Legally Fraught
Policies which seek to restrain employees’ inappropriate use of social media may seem sensible but they can be fraught with legal difficulties and require careful drafting by a professional. In a case on point, a vehicle paint sprayer who was unfairly dismissed over his use of Facebook received substantial damages.…