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An easement (such as a right of way) is a right over someone else’s land. A right of easement, once granted, is quite often forgotten about. However, a recent case shows how important it can be to make sure that an easement does not lapse through...
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Firms that offer vouchers to employees in exchange for salary sacrifices may face a VAT charge, following a recent opinion of the Advocate General of the European Court of Justice (ECJ). It involved AstraZeneca, which had given employees vouchers in...
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Musculoskeletal disorders (MSDs) are the most common occupational illness in Britain. They include problems such as low back pain, joint injuries and repetitive strain injuries of various sorts, and affect more than 500,000 people every year. They are often...
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Employment Appeal Tribunal (EAT) has ruled that the Employment Tribunal (ET) had no jurisdiction to refuse to accept a claimant’s ET1 claim form, on the ground that it found some of the handwriting illegible, because the form did contain the required...
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Litigation can be expensive and there are good reasons in many cases for achieving a resolution by mediation when possible. The best course of action will depend on the individual circumstances of the case. Recently, a court case was settled after a...
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When someone breaches a confidence and uses confidential information to make a profit, one of the legal remedies which may be sought is to require the person committing the breach to account for the profit made as a result. In a recent case , two...
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The Court of Appeal has ruled in a case which establishes an important precedent for the setting of fines for breaches of environmental law. Thames Water had appealed against a fine of £125,000 for a mistake which had led to pollution of the river...
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Employers should be aware that problems may arise during major sporting events as a result of employees supporting different national teams. In a recent case , a woman claimed that remarks made to her by a colleague during the 2006 FIFA World Cup amounted...
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In many countries, bribery and corruption are commonplace. IKEA recently ceased its expansion in Russia, for example, because of the difficulties in obtaining permission to build new stores without being willing to engage in corrupt practices....
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Breach of copyright on the Internet is relatively common, but it is still a breach of the law and one for which there is no defence based on ignorance. Copyright is an absolute right, which arises automatically. Nothing has to be done to obtain it: it arises...
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Social Housing providers will greet a recent decision of the Supreme Court with relief. The Court upheld a local council’s decision that it had discharged its duty to secure accommodation for persons who were homeless by sending each of them a...
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Recently, two issues relating to foreign travel have arisen which are relevant for taxpayers. Firstly, HM Revenue and Customs (HMRC) have advised that taxpayers who expect to have problems paying tax on time as a result of the volcanic ash cloud should...
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In the light of research carried out by the Health and Safety Laboratory, which shows that worker participation in implementing occupational health and safety measures has a positive effect on health and safety performance, the Health and Safety Executive...
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A recent case illustrates the extent of the investigative powers available to HM Revenue and Customs (HMRC). It involved a company that HMRC suspected of evading Excise Duty. A raid on its premises was undertaken and HMRC officers found quantities of alcohol...
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The first prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007 has been pending for some time and is eagerly awaited as it will provide guidance in practical terms on the likely level of fines in such cases, following the issue of...
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Little publicised, but nonetheless important for many private landlords, are changes implemented by the Town and Country Planning (Use Classes) (Amendment) (England) Order 2010 , which mean that, in certain circumstances, a landlord wishing to let out a...
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An accountant who stole nearly £900,000 from his employer over a 10-year period was ordered to repay £150,000 (the maximum amount of assets available for seizure) and was sentenced to three years in prison. The employee used his illicit gains to...
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A Procurement Policy Note issued in March by the Office of Government Commerce requires government departments and non-governmental bodies over which the Government has direct control to pay its contractors within 30 days. However, before hard-pressed...
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As part of the pre-election ‘wash-up’, the Digital Economy Act 2010 became law, bringing with it the right for the Secretary of State to create secondary legislation to require Internet Service Providers to take ‘technical measures’...
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A person is regarded as being disabled for the purposes of the Disability Discrimination Act 1995 (DDA) if they have 'a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day...
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Following a comprehensive review and full public consultation, the Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) have published new UK Advertising Codes. The new Codes will come into force on 1 September...
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Most people – and certainly those who have been involved in an opposed planning application – know what a NIMBY is but, following a case heard in the Supreme Court, we may now see the rise of NOOViGs (not on our village greens). The reason for...
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Following the travel disruptions caused by the volcanic ash cloud, HM Revenue and Customs have announced that non-UK residents who spent more than 90 days in the UK as a result of their travel plans being disrupted by the ash cloud will not be treated as...
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When senior employees leave a company, the commercial risks presented can be considerable. A recent case on this subject concerned a director who left the company he worked for and then set up in competition with it. The company supplied energy surveys of...
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As the economic outlook begins to improve, businesses will be considering how to raise finance to support increased trading. Although the cost of any borrowing is often the most crucial issue, there are other important factors to take into...