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News & Articles

  • Setting Up a Company With Friends or Family?

    20th October 2017

    Getting into business is relatively easy – it is getting out of business where it starts to get really tricky.Despite that, many people establish companies without thinking through the mechanics...

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  • IHT on Private Residences Not So Simple

    20th October 2017

    Inheritance Tax (IHT) is a concern for many families and although it is sometimes described as a 'voluntary' tax, because with appropriate forward planning it is often avoidable, there are...

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  • The Corporate Veil is Still a Potent Protection – Supreme Court Ruling

    20th September 2017

    The 'veil of incorporation' is the rule that a company is a separate legal person from its directors, and thus it, not they, carries responsibility for its legal agreements and...

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  • Employee, Worker or Self-Employed Contractor?

    20th September 2017

    When distinguishing between employees, workers and self-employed contractors, bargaining positions can provide a useful litmus test. That was certainly so in a further case on this topic in which an...

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  • Lack of Planning Costs Father Chance to Have Custody of Child

    20th September 2017

    The welfare of children is the primary concern for the family court when deciding on their care arrangements after their parents split up. Accordingly, it expects a parent who wishes...

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  • Facts Determine Tax Treatment of Dilapidations Payment

    20th September 2017

    Virtually all leases have clauses which stipulate that when the lease comes to an end, the tenant must leave the premises in the same condition as they were in when...

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  • Acas Publishes Research Into Flexible Working

    20th September 2017

    The Advisory, Conciliation and Arbitration Service (Acas) has published the results of research it commissioned from Alliance Manchester Business School, University of Manchester. The research paper, entitled 'Flexibility in the...

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  • Voluntary Overtime and the Calculation of Holiday Pay

    20th September 2017

    We recently reported on the decision of the Employment Appeal Tribunal (EAT) in Bear Scotland Limited and Others v Fulton and Others that Article 7 of the EU Working Time...

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  • Coming to Court With Dirty Hands is a Hiding to Nothing

    20th September 2017

    Those who come to court with 'dirty hands' can expect short shrift from judges. This point was resoundingly made in one case concerning a company that charged secret commissions on...

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  • Complying With Specifications Was Not Enough

    20th September 2017

    If you have completed work in accordance with the design specifications laid out in your contract, can you be liable if what you have provided is not fit for purpose?...

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  • Denied Divorce Case Heading to Supreme Court

    13th September 2017

    It has been revealed that the widely reported case last March in which a wife was not granted a divorce from her husband because she could not demonstrate that his...

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  • New guidelines for injury to feelings compensation

    6th September 2017

    The guidelines which the Employment Tribunal uses to calculate compensation for injury to feelings awards have been updated and the award bands have now increased by several thousand pounds. Employees...

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  • Diabetic Lorry Driver Succeeds in Unfair Dismissal/Discrimination Claims

    5th September 2017

    That some forms of workplace behaviour constitute misconduct may appear beyond dispute, but the truth is not always obvious and it is beholden on employers to carry out full and...

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  • Is Your Confidential Data Protected?

    5th September 2017

    Customer lists, pricing schedules and other confidential data are highly valuable assets for thousands of businesses. However, as one High Court case shows, the ubiquity of cheap and easy-to-use storage...

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  • Disclosure Failure Leads to Loss for Landlord

    5th September 2017

    The danger of non-compliance with the small print when taking out insurance cover was made very clear by a case in which an insurance company avoided liability for fire damage...

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  • Insurer Must Pay Missing Driver Claim

    5th September 2017

    When a person has an accident involving a car and a claim results, it is usually dealt with by the insurer of the driver concerned. If the driver is not...

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  • Only Gifts Without Reservation Are Effective in Minimising IHT

    30th August 2017

    Giving away your assets to the next generation before your death can be an effective means of minimising Inheritance Tax (IHT) liabilities. However, as one tribunal case showed, such gifts...

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  • Equality of Division of Assets on Divorce Abolished? Hardly

    30th August 2017

    The popular press has made a great deal of a recent Court of Appeal case, reporting that there had been a significant departure from the general principle that the assets...

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  • Former Printer Wins Hearing Loss Damages

    30th August 2017

    A man from Lancaster has won compensation for hearing loss in a case that serves as a reminder of the dangers of working in noisy environments.Nicholas Edwards worked for the...

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  • Unfairly Sacked Engineer Awarded Substantial Compensation

    30th August 2017

    Damage to career prospects, hurt feelings and psychiatric injury are all factors that can increase compensation awards made to mistreated employees. They all had a part to play in one...

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  • Everyone Has a Civic Duty to Assist Judges in Resolving Disputes

    30th August 2017

    It is a civic duty to assist the courts in the resolution of disputes, and judges have the power to compel reluctant witnesses to give evidence. Exactly that happened in...

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  • Employment Tribunal Fees – Supreme Court Upholds Unison's Challenge

    23rd August 2017

    In July 2013, the Employment Tribunals and the Employment Appeal Tribunal Fees Order introduced fees for bringing a claim to the Employment Tribunal (ET) and the Employment Appeal Tribunal (EAT)....

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  • Consultation on Bands for Awards for Injury to Feelings

    23rd August 2017

    In 2002, the Court of Appeal issued guidance (in Vento v Chief Constable of West Yorkshire Police) for use when assessing the compensation payable for injury to feelings in discrimination...

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  • Whistleblowing and the Meaning of 'In the Public Interest'

    23rd August 2017

    The Public Interest Disclosure Act 1998 – often referred to as the 'Whistleblowing' Act – inserted provisions into the Employment Rights Act 1996 (ERA) in order to protect employees from...

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  • Failure to Plan Ahead Leads to Court Battle

    23rd August 2017

    Marital breakdowns are usually stressful and often confrontational.  Unless consideration is given to updating your Will following a separation and/or divorce, the possibility of a dispute can often arise again...

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