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News & Articles

These articles are provided for general interest and information only. They do not constitute legal advice. Whilst every effort is made to ensure that the content accurately reflects the law in England as at the date of preparation, no liability is accepted for any loss or damage arising from any act or omission resulting from any information contained herein.

Chancel Repair Liability Risk – Reduced But Not Gone: 2014-01-26

Homeowners may be breathing a sigh of relief following the widely publicised reports that ‘chancel repair liability’ (CRL) must now be registered to be effective – but the risk still remains for some.

CRL can arise where a parish has the legal right to make properties that fall within its boundaries responsible for the upkeep of the church. Such liabilities can be...

Cohabitation and the Law – Changes Afoot: 2014-01-20

At the end of October 2013, the Cohabitation Rights Bill 2013 started its progress through Parliament. The Private Member’s Bill aims to give long-term cohabitants rights more akin to those enjoyed by married couples and those in civil partnerships.

At present, a long-term cohabitant has no more legal rights relating to their partner than a person would if they were living with a...

Corporate Minnow Breaks Monte Carlo Casino: 2014-01-09

In a case which proves that even corporate minnows can successfully fight off trademark infringement actions brought by much larger operators, a small party gaming company has inflicted a stinging defeat on the owners of the world-renowned Casino de Monte Carlo.

The casino, famed for its clientele of high-rollers and as a popular film location since its foundation in 1863, forms the...

Couple Jailed for Misappropriation of Elderly Woman’s Assets: 2014-01-03

The wisdom of having professional oversight of attorney arrangements has yet again been made clear following the conviction of a Teesside couple for defrauding the estate of an elderly woman out of a six-figure sum.

The woman had made her goddaughter’s husband a co-signatory to her bank account when she was admitted to a care home. At that time, the balance in her account was...

Data Protection Policies and Personal Devices: 2013-12-23

Earlier this year, a YouGov survey showed that 47 per cent of all UK employees now use their smartphone, tablet PC or other portable device for work purposes and the Information Commissioner’s Office (ICO) has now issued a warning that organisations are failing to update their data protection policies to account for this growing trend.
The warning comes after the Royal Veterinary...

Guarantee Voided by Forged Signature: 2013-12-16

The pitfalls of not getting documentation exactly right have become all too clear for a lender following a recent Court of Appeal hearing.

The case arose because the lender wished to rely on the guarantees given over a debt by a group of guarantors.

Unfortunately for the lender, the documentation contained a clause stating (in effect) that the guarantees were only valid if all...

Guidance on the National Minimum Wage: 2013-12-10

All employers must pay those who work for them at least the appropriate rate of the National Minimum Wage if they are a ‘worker’ for minimum wage purposes and a specific exemption does not apply to them. The penalties for failing to do so are severe.

The Government has produced new guidance to help employers comply with the law. This is divided into the following...

Joint Accounts and Mental Capacity: 2013-12-09

If you are concerned about the future mental capacity of a relative or any other person with whom you have a joint bank account, it makes sense to consider setting up the appropriate power(s) of attorney.

The British Bankers’ Association’s guidance for members advises them to freeze all joint accounts if one of the account signatories becomes mentally...

Maternity Leave and Flexible Working Hours: 2013-11-24

In a ruling which underlines the fact that discrimination cases are particularly ‘fact sensitive’, a sales executive whose request for flexible working on her return from maternity leave was initially refused by her employer, but then granted on appeal, has lost her claim of indirect sex discrimination (Little v Richmond Pharmacology Limited).

Ms Little, who was employed by...

Single Emailed Word Created Binding Contract: 2013-11-19

The Commercial Court has ruled that a single word in an email was enough to conclude a binding contract for a multi-million pound international oil trade. In response to the seller’s ‘firm offer’, the buyer had emailed succinctly back with the word ‘confirmed’.

The trade was for the sale of 25,000 metric tonnes of crude oil. The initial email string had...