Latest News

Restrictive Covenant Modified to Allow More Than One Dwelling

A recent Upper Tribunal decision has highlighted the circumstances in which restrictive covenants can be modified, potentially opening the door for property owners seeking to redevelop land that has long been subject to building restrictions. The case...

Insured Losses Reduced by Furlough Payments, Supreme Court Rules

The Supreme Court has dismissed an appeal by a number of hospitality companies against a decision that furlough payments they received during the COVID-19 pandemic served to reduce the amounts payable to them under their business interruption cover. The...

Mega Marshmallows Zero-rated for VAT, FTT Rules

The First-tier Tribunal (FTT) has ruled that 'Mega Marshmallows' are not confectionery and are therefore zero-rated for VAT , in a case that reached the Court of Appeal. A wholesaler of American sweets and treats which supplied Mega Marshmallows was issued...

Court of Appeal Upholds Order for Boy's Return to South Africa

The Court of Appeal has dismissed an appeal against an order of the High Court that a 14-year-old boy who had remained in England after visiting his father should return to live in South Africa. The boy's parents, both South African nationals, had married...

FTT Overturns Late Filing Penalties for Voluntary Tax Returns

The First-tier Tribunal (FTT) has allowed a taxpayer's appeal against late filing penalties where he had not received a notice to file a tax return, after reviewing an earlier decision in which it had upheld most of the penalties. HM Revenue and Customs...

Unfairly Dismissed University Cleaner Awarded £264,442

A cleaner at a university who was dismissed from her job has been awarded substantial damages after an Employment Tribunal (ET) upheld her complaints of unfair dismissal and victimisation ( Ong v Aberystwyth University ). The woman had commenced her...

Permission to Bring Financial Provision Claim Out of Time Refused

A claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision from a deceased person's estate must be brought within six months of the grant of probate or letters of administration being issued, unless the...

Time of the Essence in Notice of Estimated Service Charge

Landlords would be well advised to check the terms of their leases before undertaking any projects that may cause problems with issuing service charge demands. Recently, the Upper Tribunal (UT) ruled that a local authority landlord must wait to collect...

Couple Established Adverse Possession Over Strip of Land

Disputes over ownership of land all too often become protracted and lead to costs out of proportion to the value of the land involved. Recently, the Upper Tribunal (UT) ruled on a dispute over a strip of land with an area of just 2.2 square metres. The...

Applications to Recognise Nikkah Ceremonies as Marriages Refused

A marriage is generally recognised in English law if it is valid under the law of the country in which it takes place, a legal principle known as lex loci celebrationis (the law of the place of the celebration). That principle was central to a recent...
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