Secret commissions – otherwise known as bribes – leave the taint of illegality on any transaction of which they form part and can have consequences far into the future. The High Court powerfully made that point in castigating mortgage brokers who violated the duty of loyalty they owed to a farmer client. After taking advice… Read more »
Privacy v Public Justice – Transgender Claimant Wins Anonymity Order
It is a fundamental feature of any free society that justice must be done in public, but how does that principle sit with the right of individuals not to have sensitive details of their private lives exposed to the public glare? The Employment Appeal Tribunal (EAT) had the difficult task of balancing those factors in… Read more »
Family Judge’s Overheard Comments on Zoom Gave Appearance of Bias
Remote hearings via Zoom, Skype and other communications software have made it possible for the family justice system to continue functioning during the COVID-19 pandemic. However, as a Court of Appeal case showed, such hearings carry the ever-present risk of private comments being overheard. The subject matter of the case could not have been more… Read more »
Repair or Replacement? Tribunal Gives Guidance in Corporation Tax Dispute
Repairing an asset is one thing, replacing it another, and distinguishing between the two is of critical importance when it comes to calculating Corporation Tax (CT) liabilities. The First-tier Tribunal (FTT) gave guidance on where the line should be drawn in a case concerning extensive works carried out on a heavy goods vehicle yard. The… Read more »
Ad Hoc Payment of Employment Bonuses Can Be a Recipe for Dispute
Employment bonuses are often paid on an open-handed ad hoc basis without regard to formality. As an employment case strikingly showed, however, such arrangements tend to create high expectations which cannot easily be met during downturns in business. The case concerned a senior employee of a company that provided VAT-related services to corporate clients. His… Read more »
Holidaymaker Who Tripped Over Sun Lounger Wins Substantial Damages
Holidaymakers who suffer accidents abroad can face an uphill struggle to obtain just compensation, but specialist English lawyers are happily well equipped to rise to the challenge. In one case, a woman who was injuried when she tripped over a sun lounger at a hotel in Mauritius was awarded substantial damages. The woman was making… Read more »
COVID-19 and Parental Contact With Children in Care – Guideline Ruling
How, if at all, is the duty of local authorities to allow children in their care reasonable contact with their parents affected by social distancing rules arising from the COVID-19 pandemic? The Court of Appeal confronted that issue in a guideline case. The case concerned three young children who were taken into interim care after… Read more »
Proceeds of Crime – Identity Thief Stripped of Cash and Swiss Watches
Identity theft is a blight on society and very far from being a victimless crime. As a High Court case showed, perpetrators can expect to be pursued by the National Crime Agency (NCA) and comprehensively stripped of their ill-gotten gains. The case concerned an overseas national who had a number of previous convictions for fraud… Read more »
Confidential Data Leaked to a Competitor? Consult a Lawyer Today!
Technical data and know-how are the crown jewels of many businesses but there is an ever present risk of them being leaked to competitors by disloyal employees. As a High Court case showed, however, victims of such deceit are, with the right legal advice, very far from powerless in bringing perpetrators to book. The case… Read more »
Human Rights Require That Tough Immigration Rules Are Tinged with Mercy
British immigration rules are amongst the toughest in the world, but every case must be considered on its own facts and human rights legislation leaves room for mercy. A striking case on point concerned an elderly Indian couple who suffered a dramatic decline in their health after coming to Britain to visit their family. The… Read more »