Legal Update

Latest News

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...

ICO Statistics on Data Security Incidents

The Information Commissioner's Office (ICO) has updated its statistics on data security incidents to include the first quarter of 2024. There were 2,970 incidents reported to the ICO in Q1 2024, an increase of 21 per cent from the same quarter in 2023. The...

HMRC's Appeal Against Closure Notice Orders Rejected

Under Section 28A(4) of the Taxes Management Act 1970 , taxpayers whose returns are under enquiry may apply for a direction requiring HM Revenue and Customs (HMRC) to issue a closure notice. It is for HMRC to show that there are reasonable grounds for...

Father-to-be's Cardiac Death Was Likely Avoidable

A 40-year-old man who died of a sudden cardiac arrest on the day his daughter was born might have lived if doctors had not missed signs of a heart defect, a coroner has concluded. The man had been suffering from a gastrointestinal illness and had attended...

Employer Did Not Have Constructive Knowledge of Disability

Under Section 15(2) of the Equality Act 2010 , an employer has a defence to a claim of disability discrimination if it can show that it did not know, and could not reasonably have been expected to know, that the claimant had the disability in question. The...

Injured HGV Driver Wins Seven-Year Compensation Battle

Cases involving life-changing injuries can be very complex and arriving at a fair settlement can take time. However, it may be possible to secure interim payments while the case is ongoing. Recently, a seven-year legal battle culminated in substantial...
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