Legal News

When Does Notice of Termination Take Effect?

Exactly when notice of termination takes effect can impact on an employee's entitlement to certain benefits or employment rights. In the absence of an express term in the employee's contract, if they are dismissed in writing and the letter is posted to their...

Jail for Husband Who Flouted Court Ruling

Court orders have to be obeyed and those who defy them can ultimately be sent to prison. Exactly that happened in one 'big money' divorce case in which an 83-year-old businessman repeatedly tried to thwart his ex-wife. Following the end of the former...

Landlords - Children Count Too!

When a landlord appealed against his prosecution for breaking a planning enforcement notice with regard to a house in multiple occupation (HMO) he owns, he used a rather novel argument to justify exceeding the limitation on the number of residents of the...

Inheritance Tax - 'Hope Value' Relevant to Property Valuations

When valuing a property for Inheritance Tax (IHT) purposes, is it legitimate to take into account its potential for enlargement or improvement – so-called 'hope value'? In a guideline ruling, the Upper Tribunal (UT) has answered that question in the...

Debt Management Company Investigation Brings Bans

There was a certain irony to a recent report that the directors of a debt management company – set up to offer advice and assistance to those with debt problems – have been banned from acting as directors for a total of 23 years after action was...

Siblings Pay High Price for Dishonest Assistance to Bankrupt Brother

If family members or friends are facing bankruptcy, it may be tempting to assist them in keeping their assets away from the clutches of creditors. The folly of such conduct was, however, strikingly revealed by a Court of Appeal case concerning a family...

Disability Discrimination - An Expectation to Work Long Hours

In United First Partners Research v Carreras , an employee who had returned to work after he was injured in a cycling accident claimed that a 'requirement' that he work long hours constituted a provision, criterion or practice (PCP) for the purposes of...

Will Wishes Rescinded by Court

One powerful reason why you should always seek legal advice before making your will is to ensure you meet your responsibilities to those who depend on you financially. In one case on point, the High Court effectively rewrote the will of a wealthy landowner ...

The Taxation of Termination Payments

The rules governing the taxation of termination payments have been tightened with effect from 6 April 2018 by means of legislation to amend Chapter 3, Part 6 of the Income Tax (Earnings and Pensions) Act 2003 . Hitherto, where the employee's contract of...

Oral Contract Existed as a Matter of Fact

When a decision is made as to what the facts are in a particular case, the judgment regarding those facts is normally accepted as not being able to be revisited in subsequent proceedings unless it was manifestly unreasonable or unfair, or subsequent evidence...
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