Latest News

Owner of 'Portaloo' Trade Mark Secures Transfer of Domain Name

If a UK domain name held by someone else is similar to your own name or trading style, you can seek to have it transferred to you by making a complaint to Nominet UK through its Dispute Resolution Service (DRS). To succeed in a DRS complaint, it is necessary...

Covenant Modified to Allow House to be Used for B&B Business

The Upper Tribunal (UT) has modified a restrictive covenant to allow a couple to run a bed and breakfast business from their home. The couple owned a two-storey, four-bedroom house. In 2023 they had started running a B&B, having created two en-suite...

FTT Has Jurisdiction to Consider Availability of BADR

The First-tier Tribunal (FTT) has refused to strike out the entirety of a taxpayer's appeal against a closure notice issued by HM Revenue and Customs (HMRC), finding that the issue of whether the taxpayer could make a claim for Business Asset Disposal...

Court of Appeal Sets Aside Order for Boy's Return to Texas

The Court of Appeal has allowed a mother's appeal against the High Court's refusal to set aside or stay an order for the return of her son to Texas. The boy's father was an Indian national who lived in the USA. He and the boy's mother had met in 2023 and...

Taxpayer Granted Permission to Appeal Against Assessments

The value of obtaining legal representation when seeking to challenge decisions made by HM Revenue and Customs (HMRC) was illustrated by a recent case in which the Upper Tribunal (UT) granted a taxpayer permission to appeal against a decision upholding a...

ET Was Correct to Reconsider Acas Uplift After Awards Increased

The Employment Appeal Tribunal (EAT) has dismissed a woman's appeal against a decision of the Employment Tribunal (ET) to reduce the percentage uplift on awards for unfair dismissal and disability discrimination in respect of failure to follow the Advisory,...

Partner's Claim for Provision from Designer's Estate Rejected

The High Court has rejected a claim by a clothing designer's partner for financial provision from his estate , finding that it had not been demonstrated that they had lived together as a married couple for the required period of two years before the...

Property Owners Not Entitled to Share in Saving Achieved by Wayleave

The Upper Tribunal (UT) has rejected a claim by the owners of a property that their compensation for the grant of a wayleave authorising the retention of electricity lines over their land should include a share in savings achieved by avoiding more costly...

A Practical Guide to Lasting Powers of Attorney

Lasting Powers of Attorney (LPAs) were introduced in 2007 by the Mental Capacity Act 2005 , replacing Enduring Powers of Attorney. A power of attorney allows someone else to make decisions on your behalf or help you make decisions if you lack the capacity...

Court of Appeal Overturns Strike Out of Unfair Prejudice Claim

The Court of Appeal has allowed an investment company's appeal against the striking out of an unfair prejudice petition , finding that the claim should proceed to trial. The investment company, which held investments on behalf of a South African group, had...
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