Posts By: Schofield and Associates

High Court Steps in after Wrong Candidate Declared Election Winner

<p><img alt=”Election” src=”″ style=”border-style:solid; border-width:0px; float:right; margin:2px 5px” />The fairness of elections is a sacred tenet of British democracy and, where mistakes are made, only judges can put them right. A case on point concerned a town council election in which thousands more votes were counted than cast and one of the candidates was wrongly… Read more »

Illegal Demolition of Victorian Cottages Retrospectively Authorised

<p>Balancing the desirability of conservation against the need for more new homes is a constant challenge faced by planning professionals. In a guideline High Court case on point, the illegal demolition of three Victorian cottages in an urban area with exceptionally high housing demand was retrospectively authorised.</p> <p><img alt=”Construction” src=”″ style=”border-style:solid; border-width:0px; float:right; margin:2px 5px”… Read more »

High Court Authorises Seizure and Sale of Drugs Kingpin’s Spanish Villa

<p><img alt=”Holiday villa” src=”″ style=”border-style:solid; border-width:0px; float:right; margin:2px 5px” />Judges leave no stone unturned in their determination to ensure that crime does not pay. In a case on point, the High Court authorised the seizure of a Spanish villa belonging to a drugs kingpin who is serving a 28-year prison sentence.</p> <p>The drug trafficking offences… Read more »

Unlicensed Houses in Multiple Occupation – Landlords Take Note!

<p><img alt=”House in Sheffield” src=”″ style=”border-style:solid; border-width:0px; float:right; margin:2px 5px” />Failing to licence houses in multiple occupation (HMOs) when required to do so is a criminal offence and ignorance of the law is no defence. The First-tier Tribunal (FTT) resoundingly made that point in ordering residential landlords to repay half the rent they received from… Read more »

At Risk of Your Private Life Being Aired in the Press? See a Lawyer Today!

<p><img alt=”Newspaper” src=”″ style=”border-style:solid; border-width:0px; float:right; margin:2px 5px” />The law of privacy is developing fast and the days when newspapers could publish details of people&rsquo;s personal lives with impunity are well and truly over. In a case on point, the High Court came to the aid of a man who claimed that he had been… Read more »

Accusations of Gross Misconduct Do Not Always Justify Suspension

<p>Where employees are accused of gross misconduct, suspending them on full pay pending a disciplinary investigation is all too often a knee-jerk reaction. However, such a step is not always justified and a firm of architects which fell into that trap found itself liable to pay a substantial compensation award.</p> <p><img alt=”Airport departures board 1″… Read more »

Foster Carers Union Refused Compulsory Collective Bargaining Rights

<p>What are the criteria that have to be met before a trade union can be listed as such under the <a href=”” target=”_blank”>Trade Union and Labour Relations (Consolidation) Act 1992</a>? The Employment Appeal Tribunal (EAT) tackled that thorny issue in ruling that a union established to represent foster carers could not fit the bill because… Read more »

Jet Passenger Hurt in Slipping Accident Wins Six-Figure Compensation

<p><img alt=”plane landing” src=”″ style=”border-style:solid; border-width:0px; float:right; margin:2px 5px” />Holidaymakers and business travellers will be interested to know that very particular rules apply to accidents that occur on board aircraft. However, expert lawyers can be relied upon to rise to such challenges and, in one case, won a passenger six-figure compensation following a slipping accident.</p>… Read more »

Zero-Hours Contract Music Teacher Triumphs in Holiday Pay Test Case

<p>Where workers are employed on permanent contracts but work for only part of the year, how should their holiday pay be calculated? The Court of Appeal addressed that burning issue in a test case concerning a school music teacher.</p> <p><img alt=”Music” src=”″ style=”border-style:solid; border-width:0px; float:left; margin:2px 7px” />The teacher was not a casual worker, but… Read more »