Legal Update

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Sign Prevents Acquisition of Right of Way

The Upper Tribunal (UT) recently ruled on an appeal against a decision of the First-tier Tribunal (FTT) that a sign saying there was no public right of way over a staircase did not prevent a private right of way being acquired over it. The staircase had...

Director Banned for Breaching COVID Loan Rules

A man has been banned from acting as a company director for 10 years after breaching the rules of a scheme designed to support businesses during the COVID-19 pandemic. The man, who was the sole director of a construction company, applied in 2020 for a...

Provisional Compensation Secured for Asbestos Exposure

Asbestos-related illnesses commonly develop many years after the exposure that caused them. In a case that illustrates how this can be reflected in settlements of claims, a man who developed symptoms related to asbestos secured provisional damages, reserving...

No Reasonable Excuse for Taxpayer's Late Appeal

Taxpayers would be well advised to give prompt attention to any correspondence they receive from HM Revenue and Customs (HMRC). In a recent case, a man who appealed tax assessments and penalties several months late failed to convince the First-tier Tribunal...

Proposed Changes to Employment Law Outlined

As part of the legislative programme set out in the King's Speech, the government has outlined changes to be included in the Employment Rights Bill, which is set to be introduced within the first 100 days of the new parliament. Proposed changes include: ...

Three-Year Review of Whiplash Tariff Awaited

On 22 May, the then Lord Chancellor, Alex Chalk, announced that he had completed his statutory review of the Whiplash Injury Regulations 2021 , following a call for evidence earlier this year. However, publication of the review was delayed as a result of...

Financial Order Set Aside Due to Husband's Bankruptcy

The High Court has ruled that a financial remedies order requiring a husband to transfer his half share of the former matrimonial home to his wife could not stand because he had been made bankrupt by the time it was made. The couple had separated in 2017,...

Application to Modify Restrictive Covenant Succeeds

The Upper Tribunal (UT) has granted a social housing provider's application to modify a restrictive covenant so as to allow it to proceed with a residential property development. The relevant land was sold in 1975 subject to a conveyance limiting its use...

Judgment Secured in Fatal Workplace Accident Case

A protracted legal battle has led to judgment being obtained in the case of a man who was fatally injured while working on a building site. The man died when he was hit by pieces of metal scaffolding that fell from a crane after a strap holding them...

High Court Ruling in Will Forgery Case

An allegation that a will is a forgery can be hard to prove. However, such an allegation was successfully made out in a High Court case concerning an elderly man who died during the COVID-19 pandemic. The man had passed away in February 2021. A firm of...
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