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Dock Worker Wins Settlement After Fall from Height

A man has secured a damages settlement after he fell from height on his first day working at a dry dock. The man and other workers at the dry dock had been asked to sandpaper and paint river cruise boats before they returned to service. Although the workers...

Retired Businessman's Final Will Ruled Invalid

Having your will drawn up professionally by a qualified solicitor is always a sensible precaution, especially in later life. In a recent case, the High Court ruled that a retired businessman lacked testamentary capacity when he made a will less than three...

Lidl Succeeds in Trade Mark Infringement Claim

The Court of Appeal has ruled on a dispute between supermarket giants Lidl and Tesco, upholding the decision of the High Court that signs used in a promotion run by Tesco amounted to trade mark infringement and passing off. In September 2020, Tesco began...

Company Owner's Negligible Value Claim Unsuccessful

When an asset falls in value to the point that it is almost worthless, it may be possible to make a negligible value claim under Section 24 of the Taxation of Chargeable Gains Act 1992 . The asset will then be treated as if it had been sold and immediately...

Supreme Court Rules on Strike Action Protections

The Supreme Court has handed down its decision in a long-running case concerning whether protections against detriments short of dismissal for engaging in trade union activities are extensive enough to comply with the UK's obligations under the European...

Substantial Damages for Woman Hit While Crossing Road

A woman who was hit by a speeding driver while crossing a road in a city centre has been awarded a seven-figure sum in damages. The vehicle was travelling at about 45 mph – 15 mph above the speed limit – when it struck her as she crossed at a...

Wrong Address a Reasonable Excuse for Landlord

Landlords would be well advised to ensure all records regarding their properties are kept up to date. Recently, however, the Upper Tribunal (UT) agreed with a residential landlord that she had a reasonable excuse for failing to comply with an Improvement...

GPs Not Liable for Woman's Death from Stroke

Medical staff often have to choose between different treatment options, which can lead to questions being raised about their decisions if something goes wrong. However, in the tragic case of a mother-of-two who died of a stroke at the age of 42, the High...

Court Sanctions Leg Amputation for Man Lacking Mental Capacity

The courts are often called upon to sanction treatment for patients whose ability to make decisions for themselves is impaired. In a recent case on point , the Court of Protection had to decide whether it was in the best interests of a man with mental...

Former Group Company's Fees Subject to VAT

Supplies between companies in the same VAT group are disregarded for VAT purposes by virtue of Section 43(1)(a) of the Value Added Tax Act 1994 . A case that recently reached the Court of Appeal concerned whether this disregard applies if the supplying...
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