Man’s living will upheld – life-saving treatment can cease
The 67-year-old man, known as XB during the hearing, suffered from motor neurone disease for several years. In November 2011, he communicated to family members using eye movements that artificial feeding and ventilation should be stopped under certain circumstances. This advance decision, or living will, was made in the presence of several witnesses including family…
Judge criticises neighbours for ‘absurd’ boundary dispute
The dispute between Darren Aston and Emma Durdenfrom Solihull lasted four years and was based on 45-year-old planning documents. The disagreement was over the boundarythat separated the properties and was represented on the plan by a 1.2mm thick red line. Mr Aston wanted to extend it away from his property by 2½ feet, which would…
Changes to Employment tribunals come into effect
The Government says it has streamlined the system to reduce some of the burden on employers and reduce the number of vexatious claims. The main changes are: The qualifying period for claiming unfair dismissal rises from one to two years Judges will be able to sit alone in unfair dismissal cases Witness statements can be…
Supreme Court provides ruling on compulsory retirement age
The case involved solicitor Leslie Seldon who was a partner at a law firm. In 2006, he was obliged to retire at the age of 65 under provisions contained in the firm’s deed of partnership. Mr Seldon claimed that this was direct discrimination on the grounds of age. His firm submitted that the law allows…
Agreement to agree did not amount to a binding contract
This can prove costly, as shown in a recent case before the High Court. It involved two businessmen, KarimDhanani and Serge Crasnianski, who discussed setting up a private equity fund together. They signed a letter and term sheet under which it was envisaged that Mr Crasnianski would provide money for a fund to be managed…
New chief for the office that registers Lasting Powers of Attorney
The Office of the Public Guardian (OPG) registers Lasting Powers of Attorney – an important mechanism that enables you to nominate someone you trust to make decisions on your behalf should you lack the capacity to do so yourself in future. The property and finance LPA allows you to appoint someone to look after your…
Bankruptcy: untaken pensions can be used to pay creditors
When a person is declared bankrupt, the courts will assess their income and decide how much they can afford to pay their creditors each month, usually for a period of three years until the bankruptcy is discharged. Income from pensions already being taken can be used to pay creditors but until now, a pension that…
Most middle managers are ‘unaware of Bribery Act’
This is in spite of the fact that the Act came into effect in July 2011. The researchers also found that of the 28% of middle managers who had heard of the Act, only just over half felt they had received adequate training to ensurecompliance. John Smart, a partner at Ernst & Young said: “It…
Judge was wrong to allow father contact with son
The case involved a couple who separated after a difficult relationship. The son lived with the mother and had very little contact with the father. The mother alleged that the father had been violent towards her in the past. The father then applied for a contact order. A report was drawn up by an officer…
Woman receives £76,000 compensation for work
The woman started working as an administrator for her employer in 2002. Within four years her role had increased and she had a number of responsibilities that were vital to the day to day running of the business. She had a pre-existing condition which made her vulnerable to depressive episodes that could be brought on…
Agency fined for getting information about tenant illegally
The offence took place in 2009 whenthe agency became concerned about overdue rent payments. One of its directors approached a local authority customer service adviser and asked him to obtain information about certain tenants from housing benefit records. The adviser provided the information as requested. The council began an investigation after receiving an anonymous tip-off…
Cohabitant loses appeal for half share of house
In a recent case, a man found that he was not entitled to a half share in the house where he had lived with his partner. The woman in the case had entered a property as a local authority tenant. The man moved in later and they had two children together. The couple then tried…
Director and shareholder in contempt of court after selling assets
The case involved an agency that sold car breakdown policies on behalf of an insurance company. The insurers came to believe that the agency had not accounted fully to it for its premiums and had provided false information. It began legal proceedings and obtained an interim injunction preventing the agency from disposing of its assets….
Right to Buy discounts of up to £75,000 now available
The revamped Right to Buy scheme came into effect on 3rd April and provides some tenants with discounts that are three times higher than were previously available. Up to 2.5million tenants could benefit. The Government has pledged that homes sold under the scheme will be replaced by new properties for rent to ensure that there…
Landlords must comply with new tenancy deposit rules
If they fail to do so, they could face fines and find it harder to evict tenants. The new rules are part of the Localism Act, which redefines the way landlords should protect the deposits given to them by their tenants. Tenancy deposit schemes were originally introduced in 2007. Under that system,landlords had to protect…
Teenager awarded £5,000 after falling off faulty bicycle
He had been riding his mountain bike along an approved track that went through woods and included lots of twists, turns and jumps. As he was travelling downhill, he took a relatively small jump and when he landed, his right handlebar snapped. The boy went flying over the handlebars and his body hit the ground…
Will writing to be regulated to protect the public
The move comes after a long investigation by the Legal Services Board (LSB) – the body that oversees the regulation of legal services. The issue arose because at the moment, anyone can set up in business as a will writer, even though they have no qualifications, no insurance and are not regulated in any way….
The Challenges and Opportunities faced by Social Housing in light of reform of the Localism Act
Angela Macready, of Ison Harrison, along with Linda Stevenson, of QI Research, would like to invite you and your colleagues to a free workshop to discuss the challenges your organisation faces. Angela, among other specialisms is a legal advisor to the social housing sector and Linda facilitates dialogue between social housing associations and tenants, conducting…
Assert your property rights or you may lose them
Failure to do so could result in you losing ownership, as happened in a recent case before the High Court. It involved a couple who owned a piece of land close to their home. A neighbour started to use this land to park his car. The couple did not challenge this. The neighbour then fitted…
Mother wins appeal against returning her son to Australia
The mother had abducted her two-year-old son after her relationship with the father broke down. She said the father had a problem with alcohol and drug abuse, and had been violent and threatening towards her. She provided evidence from a psychologist saying that she suffered from chronicanxiety, which would be likely to cause clinical depression…
TUPE transfer ‘amounted to unfair dismissal of bus drivers
The casearose when the bus operator Centrewest transferred one of its routes in London to another operator,Abellio.The drivers were to keep their jobs but would need to work from a new depot six miles away. They resigned because the extra travel time to work was unacceptable to them. Their claim of unfair dismissal was based…
Businesses are asked for their views on workplace dismissal rules
The move is part of the wide ranging Employment Law Review, which aims to assess the awareness, understanding and the use of the Acas Code of Practice on Discipline and Grievance. The Review will also look at the idea of compensated no-fault dismissal formicro-businesses with fewer than 10 employees. The Business Secretary Vince Cable said:…
Developer must repay deposits after contract breach
However, it was not the delay itself that caused the problem, but the lack of due diligence in failing to get the work done as quickly as possible after problems arose. In February 2008, the developer took deposits from several people buying long leases on flats in a large apartment block. The flats were due…
Will declared invalid over signing error – adopted son loses out
The court ruled that the wills therefore had to be declared invalid. Alfred and Maureen Rawlings befriended and unofficially adopted orphan Terry Marley when he was 15. They already had two sons of their own. Mr Marley lived with them for 30 years and looked after them in their old age. The couple intended to…
Will power can prevent family disputes over your money
This is partly due to the increasing number of people having second marriages and relationships. More complicated family networks can lead to conflict. A typical problem might arise when a man marries for a second time but then leaves most of his wealth to the children of his first marriage. The second wife may feel…
The Queen’s Diamond Jubilee – is it a Holiday?
The Working Times Regulation 1998 allows 5.6 weeks’ annual leave. This equates to 28 days full time with part time workers having a pro-rata entitlement. It is important to bear in mind that although the 28 days is generally seen as 4 weeks of 5 days plus 8 bank holidays, the Regulations do not allow…
Judge urges neighbours to avoid costly boundary disputes
Lord Justice Mummery’s comments came after the end of a long legal dispute between two neighbours over a small strip of gravel between their homes. The details of the dispute are less important than the fact that Lord Justice Mummery felt the cost of legal action for both sides was out of all proportion to…
Do you need to take a stand over late payments?
Ministers also want businesses to sign up to its Prompt Payment Code, which already represents about 60% of the supply chain value in the UK. The Code is designed to encourage best practice and the Government is trying to set an example by pledging to pay 80% of invoices within five days. These are welcome…
Government widens its search for land to build new homes
HousingMinister Grant Shapps recently announced that he wants local authorities and Government departments to release enough land for 100,000 homes by 2015. He said the Government had already found enough land for 80,000 homes and more plots were still being identified. He said he was also looking outside Government departments and was working with organisations…
Delay proves costly for company seeking damages
The company had hired a firm of builders to carry out some roofing and cladding works at a new factory. A contract was agreed which stated that in the event of a dispute, no action could be taken after the expiry of a one-year period from when the builders last performed any services. The work…
HSE revises its guidance for employers on home working
The new guidance relaxes some of the regulatory requirements and recognises that a lot of work carried out at home is going to be “low-risk, office-type work”. In these circumstances, as an employer, you are only responsible for the equipment you supply. Turning to higher risk activities, the guidance says: “If your staff work at…
Shared parenting agreements will ‘benefit children and families’
The reforms being introduced by the Ministry of Justice (MoJ) are intended to strengthen parenting and reduce the time cases take to get through the courts. The Children’s Minister, Tim Loughton, said: “On the issue of shared parenting, we accept the need to clarify and restore public confidence that the courts properly recognise the joint…
Gay barrister was a victim of discrimination
Lee Bennett joined the fraud specialist law firm Bivonas in 2007. His role involved bringing in new work and liaising with barristers outside the firm. Staff at the firm knew he was gay. One day he found a note written by a senior colleague which claimed that Bennett “takes our cases to his batty boy…
Divorcing husband must pay more after failing to disclose assets
The case involved a mature couple who separated after several years of marriage. They agreed a clean break settlement in which the wife received a lump sum of £176,000. However, the wife later began to suspect that the husband had not revealed all his assets when the settlement was agreed and she applied to the…
Incorrect redundancy procedure leads to unfair dismissal claim
Firms that find themselves in this position need to take great care to ensure the correct procedures are followed. Failure to do so could result in a successful unfair dismissal claim, as a recent case illustrates. It involved a woman who worked as an actuary alongside three colleagues. They each had their own portfolio managing…
More ‘reluctant landlords’ entering the housing rental market
A survey of ARLA members showed that 47% had seen a rise in “unplanned lettings” by homeowners who either couldn’t sell or wanted to wait until the market improved so they would be able to sell for a higher price. It means that there are now many “reluctant landlords” who are turning to the private…
Insurers get injunction against rival firm set up by employees
The court found that the group had committed numerous breaches of their employment contracts and fiduciary duty. They enticed others to resign and also used confidential company information while still employees. The insurers claimed that the launch of the rival business was only possiblebecause the employees had breached and abused their employment contracts on several…
Does your business need a ‘pre-nup’ agreement?
This is particularly true for new or small businesses. For example, if two directors have equal shares in a joint venture, settling disputes can become very difficult. At that point, just like many married couples, both sides may wish they had a business ‘pre-nup’ in place. Such agreements should set out how disputes should be…
Rise in number of divorcees sharing pension funds
There are thought to be several reasons for the increase. The recession has reduced many people’s incomes and the value of assets such as stocks and shares. Property values have also fallen dramatically and the slump in the housing market means that homes can be difficult to sell. Money held in other high value assets…
Failure to pay interest invalidated break clause notice
The fact that the landlord had not sent a demand for payment made no difference. The case involved a tenant that had taken out a ten-year lease on commercial premises. There was a clause saying the lease could be terminated if the tenant gave three months notice of the specified break date. The notice would…
Teacher receives compensation after attack by pupil
The teacher was 49 years old when she was attacked at the school where she worked. She was pushed against a wall and the pupil then struck her on the shoulder with aschool bag. She sustained injuries to her neck and shoulder, and suffered from post traumaticstress disorder for two years after the attack. She…
Man’s death bed will upheld despite challenge by children
The man had lived with his partner for 32 years. He had children from an earlier marriage and also from an extra-marital affair. He fell terminally ill and so shortly before he died, he made a will leaving all his substantial estate to his partner. The will was prepared by his solicitor and read to…
Would you like to set up your own business?
The ‘Business in You’ campaign highlights the support available for people wishing to start a new business or develop an existing one. A statement from the Department for Business Innovation & Skills says: “Small businesses are the lifeblood of the British economy. Here we find the people with unusual and inspiring ideas, people who have…
Stamp duty holiday for first time buyers coming to an end
The scheme was introduced by the Labour Government in 2010 as a way to boost the housing market. It removed the 1% stamp duty tax for first time buyers on properties worth between £125,000 and £250,000. Many buyers hoped the holiday would be extended but the Coalition Government has confirmed that it is being scrapped…
You don’t have to be ill to use Lasting Powers of Attorney
This is because people often set up an LPA as a way of protecting their interestsshould they lose mental capacity in the future. This can provide great peace ofmind for people who fear their health may deteriorate with age. LPAs enable you to nominate someone such as a family member or trusted associate to make…
Surge in number of parents abducting their children
In seven out of ten cases reported to reunite, it was mothers who were responsible for the abductions. The Acting Director of reunite, Alison Shalaby, said: “It isconcerning that we have seen such a large increase in the number of childrenabducted, especially as we know this is just the tip of the iceberg – manycases…
PM wants to ‘kill off health and safety culture
He says he wants to address “the fear from businesses of being sued for trivial or excessive claims”. The Government is now planning to change the law on strict liability so that businesses will no longer be automatically at fault if something goes wrong. It will also investigate the demands made by insurance companies which…
Estate agent in court over Data Protection offence
The Data Protection Act 1998 requires organisations or individuals who process personal information in an automated form to notify the ICO, unless they are exempt. Failure to do so is a criminal offence and could lead to a fine of up to £5,000 in a Magistrates Court. If the case goes to the Crown Court…
Sales manager breached his duty when setting up rival company
The manager was working for an information technology consultancy when he decided to set up a new company of his own. While preparing his new venture, he downloaded some of his employer’s business contacts and copied invoices in order to use them for his own purposes. He also obtained contracts for his new company while…
NHS director awarded £933,000 in race discrimination case
Elliot Browne, who is 55, had worked for the NHS for more than 30 years. His career came to an end in 2008 when he lost his management job with Central Manchester University NHS Foundation Trust. Mr Browne claimed he had been harassed and verbally bullied because he was the only black director in his…