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Trespass - Judge Identifies Perpetrators of Vast Waste Dumping Operation

Waste dumping scars the landscape but it can be very hard to identify perpetrators, who commonly take steps to cover their tracks. In one case, however, a judge was able to pinpoint those responsible for depositing close to 20 tonnes of waste in a disused...

Foreign Surrogacy Arrangements - High Court Underlines the Hazards

Delays in surrogacy treatment in England may be long but, as a High Court ruling showed , those who look abroad to fulfil their desire for parenthood may well be placing their own and their children's legal status at risk. The case concerned a same-sex...

High Street Retailer's Insolvency Triggers Guideline TUPE Ruling

When one company acquires all or part of the assets of another, is the former legally obliged to take on the latter's employees on the same terms as before? That issue was the focus of an important Employment Tribunal (ET) case arising from the insolvency of...

Girl Who Sustained Nerve Damage at Birth Receives £2.6 Million in Damages

People live longer and longer and that is one good reason why damages payable to children who are injured at birth would appear to be on an ever upward trajectory. The point was made by the case of a nine-year-old girl who received a seven-figure award for...

You Are Entitled to Rely on Ostensibly Competent Professional Tax Advice

When it comes to tax matters, there is a tendency for fiscally inexperienced people to simply sign whatever documents their accountants put in front of them. That can be a risky approach but, as a First-tier Tribunal (FTT) ruling showed, there is often an...

The Sticky Story of Paddington Bear and the Royalty Distribution Litigation

When Paddington Bear took tea with Her Late Majesty the Queen during her platinum jubilee celebrations, a developing High Court dispute concerning the proper interpretation of a clause in a royalty distribution agreement (RDA) is unlikely to have featured...

Landowner Not Liable for Garden Wall Collapse - High Court Ruling

Landowners whose properties adjoin public highways are under a duty to ensure that passers-by are not put at risk by rickety walls or fencing. The extent of that obligation came under analysis in a case concerning a 150-year-old garden wall that collapsed in...

Residents Blighted by Noise Nuisance Granted High Court Abatement Order

If the tranquillity of your home is blighted by noise or any other form of nuisance, you don't have to just grin and bear it. In a case on point, the High Court came to the aid of residents who said that their lives were rendered a sleepless purgatory by...

Baby Malnourishment Case Underlines Importance of Community Care

When newborn babies are discharged from hospital, the NHS is under a continuing duty to monitor them and ensure that they thrive at home. The case of a little boy who received inadequate nutrition in the first few days of his life showed the dire...

Property Guardianship Agreement Proves Fraught with Legal Difficulty

It is increasingly commonplace for owners of vacant commercial buildings to permit their occupation by so-called 'property guardians' with a view to protecting them from squatters and vandals. As an Upper Tribunal (UT) ruling showed , however, such...
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