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Ambiguous Wills Are a Recipe for Strife - But the Law Can Bring Certainty

Any ambiguity in your will creates a risk of strife amongst your loved ones after you are gone and that is one good reason why professional drafting is so important. As a High Court case showed , however, judges are adept at resolving uncertainty and...

How to Conduct a Fair Redundancy Exercise - Guideline EAT Ruling

A redundancy process in which a decision to dismiss is effectively taken in advance of consulting an affected employee will almost never be fair. The point was made by the Employment Appeal Tribunal (EAT) in the case of a nurse who was selected for...

Commercial Contracts - What Terms and Conditions Are Incorporated?

In many commercial disputes one deceptively simple, but at the same time crucial, question arises: whether particular terms and conditions are incorporated in a contract. A High Court ruling provided an excellent illustration of how the legal principles that...

Consumer Rights - Sports Car Buyer Receives £117,000 Refund and Damages

When buying anything, from a toothbrush to a luxury car, consumers are entitled to expect that their purchases are of satisfactory quality. The point was made by the case of a woman whose high-end sports car sprang a catastrophic leak . About 15 months...

Rock Band's Valuable Name Forms Focus of Bitter Passing Off Dispute

Many a rock band's name is dreamt up by youthful musicians without the slightest regard for the value it may one day have. However, chart success tends to breed goodwill in a name and, as a High Court ruling showed , that is a sadly frequent cause of...

Mortgage Brokers' Duties Come Under Analysis in Guideline Ruling

To what extent are mortgage brokers required to consider the security or otherwise of underlying investments that their clients hope will, in due course, repay a loan? The High Court considered that burning issue in the case of a couple whose foray into...

International Child Abduction - Habitual Residence is Often the Crucial Issue

The outcome of international child abduction disputes very often depends on a single issue – where is the child concerned habitually resident? That was certainly so in the case of a toddler with an English-born mother and an Israeli father . The...

Cinema Operators Not Entitled to Rent Relief During COVID-19 Lockdowns

Cinema operators who were forced to close during COVID-19 lockdowns have failed to convince the Court of Appeal that they should be relieved of the obligation to pay rent . In a guideline ruling, the Court found that it was the tenants, not the landlords,...

Employee Bonuses - A Commitment is a Commitment

When it comes to bonuses, commitments made to employees must be honoured. An Employment Tribunal (ET) made that point in coming to the aid of a salesman whose employer prevaricated on its obligation to reward him with a six-figure sum following his...

Wealthy Businessman's Prolific Will Writing Triggers Inheritance Dispute

Prolific will writing is very often symptomatic of a complicated life. That was certainly so in the case of a wealthy businessman who wrote four wills, benefiting different members of his family, during the final 40 years of his life. The man had a large...
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