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Leaseholders Not Liable for Replacing Windows

Tenants who are faced with unexpected demands in respect of repair costs would be well advised to seek legal advice. In a recent case, leaseholders of units of student accommodation successfully argued that they were not liable to pay service charges in...
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ET Should Have Considered Redeployment as Alternative to Dismissal

There are times when it is incumbent on an Employment Tribunal (ET) to consider a point of its own accord if the parties in the case have not raised it. In a recent case, a postal worker successfully argued before the Employment Appeal Tribunal (EAT) that...
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Man Seriously Injured in Fall from Crane Secures £2.2 Million

A steel worker has secured a substantial compensation settlement after injuries he suffered when he fell from a crane led to his leg being amputated. The man's boss had asked him to remove an access panel from the crane so that it could be repaired. To...
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Open your mind and secure the future

There are few certainties in life, but as American statesman Benjamin Franklin famously wrote, two things we can be sure about are “death and taxes”.  Yet planning for our ultimate demise, or our decline along the way, is something that we...
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Court Refuses to Set Aside Divorce Order Applied for by Mistake

While the courts have a range of powers to set aside orders, they will only exercise them in limited circumstances. In a somewhat surprising case that has attracted much comment, the High Court declined to set aside a final order of divorce that had been...
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Man Run Down in Belgium Can Pursue English Claim

A man who was injured crossing a road in Belgium has defeated an application by the motorist's insurer to have his claim in England stayed in favour of proceedings in Belgium. The man, who was 53 and worked as an aircraft maintenance engineer, was visiting...
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Use of Right of Way Not Unreasonable Interference

Disputes about rights of way often arise between owners of neighbouring residential properties, but can also be an issue for property developers. In a recent case, a property company successfully applied for declaratory relief that current and likely future...
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The final stage on the rules for tipping and gratuities

New rules to ensure fairness and transparency around handling tips and gratuities will soon go live for hospitality and other service sector businesses.   These are designed to ensure an even-handed approach in situations where the employer has...
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Settlement of Proceedings Does Not Prevent Second Adjudication

When attempting to resolve a dispute, careful drafting of any agreement is essential to protect your position in the event of further argument. A recent High Court case concerned whether a settlement of adjudication enforcement proceedings prevented one of...
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Waiting Time for Grants of Probate Falls

Following concerns last year about delays in processing probate applications, recent figures from HM Courts and Tribunals Service show that waiting times for grants of probate are continuing to improve. The average time from submission of a probate...
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