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.
An argument over a narrow strip of land has left a mother and son facing massive costs after their case was heard in the Court of Appeal recently.
The dispute arose because their neighbour wanted to put up a fence on what he considered to be the dividing line between the two properties. The claimants had some years earlier added a porch extension to their house and, were the fence to...
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In the year 2008/2009, 15 people died from carbon monoxide poisoning associated with domestic gas appliances. The deaths were mainly due to gas appliances being fitted badly or not being serviced properly.
All landlords have a statutory obligation under the Gas Safety (Installation and Use) Regulations 1998 to maintain gas appliances in their property. They are required by law to...
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Most people – and certainly those who have been involved in an opposed planning application – know what a NIMBY is but, following a case heard in the Supreme Court, we may now see the rise of NOOViGs (not on our village greens). The reason for this was the victory of a group of residents in Redcar, who wished to oppose a proposal to develop land which included part of what had been...
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British contract law does not recognise the concept of a penalty for breach of contract. Penalty clauses which do more than restore the person levying the penalty to the position they would have been in had the breach not occurred will not be enforced.
For this reason, in breach of contract cases involving penalty clauses, there are often attempts made to show that the contractual...
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The argument put forward by a farmer that he should retain the family farm after his divorce, because it had been in his family for generations and his wife was aware that it was the family tradition for it to be handed down from generation to generation, was given short shrift in the family court recently.
The farmer had wanted the value of the farm to be ‘ring-fenced’ and...
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When a couple divorce and financial arrangements have to be sorted out, there are occasions when the court may decide that assets not owned by the divorcing couple should be taken into account.
In a recent case, a couple with three children divorced after 20 years of marriage. They had enjoyed a high standard of living, which was largely funded by a trust of which the husband was a...
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Under the Employment Equality (Age) Regulations 2006, it is indirect discrimination for an employer to apply a provision, criterion or practice that is, on the face of it, age neutral but which puts people in a particular age group at a disadvantage, unless it can be shown to be a proportionate means of achieving a legitimate aim.
In Homer v Chief Constable of West Yorkshire Police,...
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A loophole in the law allowed comedian Jimmy Carr to escape a fine when the acerbic funny man appeared before Harrow Magistrates’ Court after police spotted him using a mobile phone whilst driving.
The successful argument was based on the fact that he was not using his mobile as a phone but as a dictating machine. The legislation which bans the use of a mobile phone whilst...
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Following her conviction for fraud and money laundering, after faking her husband’s death in 2002, Anne Darwin has agreed to pay more than £591,000 under the Proceeds of Crime Act 2002.
Mrs Darwin’s husband, John, was thought to have drowned whilst canoeing near the couple’s Teesside home. In reality, he had used a false passport to leave the UK and settle in...
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In Sarkar v West London Mental Health NHS Trust, the Court of Appeal has ruled that the Employment Tribunal (ET) was entitled to find that the decision to dismiss Dr Sameer Sarkar from his post as a Consultant Psychiatrist at Broadmoor Hospital was unfair because it fell outside the band of reasonable responses on the part of his employer to the circumstances, as provided for under Section...
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10 Recent Articles
Driving: Mobile Phone, No – Dictaphone, Yes:
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