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Court of Appeal Guidance on Use of Pay Less Notices

When a construction dispute arises and a pay less notice is issued, the Housing Grants, Construction and Regeneration Act 1996 requires that the notice should specify the sum considered to be due and the basis on which that sum is calculated. In a recent...

Trade Marks and the Territorial Limits on the High Court's Jurisdiction

UK and EU trade marks are a highly effective means of protecting your brand – but they are subject to territorial limits. The High Court made that point in ruling that it had no power to entertain infringement proceedings brought by British airline...

Deliveroo Riders Are Self-Employed, High Court Rules

The High Court has dismissed a claim by the Independent Workers' Union of Great Britain (IWGB) seeking to overturn a decision of the Central Arbitration Committee (CAC) that Deliveroo riders are self-employed, not workers within the meaning of Section 296(1)...

Gold Visas Scheme Relaunch With Vetting Proposed

The Government has taken steps to halt the 'Tier 1 Investor' visa scheme after it became clear that it was being used to launder the proceeds of criminal activity and tax evasion. The scheme allowed wealthy individuals to enter the UK and obtain indefinite...

What is a 'New Building' in Planning Terms? Court of Appeal Guidance

Can a building which incorporates parts of structures previously on the same site be described as 'new'? In upholding an enforcement notice that required total demolition of three residential buildings, constructed in breach of planning control, the Court...

ICO Publishes Technology Strategy for Next Three Years

One of the more interesting aspects of the new Technology Strategy document published by the Information Commissioner's Office (ICO) is that it specifically identifies Artificial Intelligence as a data protection risk to individuals and concludes that it...

Does a Director Need to File a Tax Return?

There is a widespread belief that every UK company director has to file a tax return. Indeed, the Government's own website suggests that being a company director alone means you should register for self-assessment and file a tax return annually. However,...

Individuals Personally Liable for Whistleblowing Dismissal, Court of Appeal Rules

In a landmark judgment, the Court of Appeal has confirmed that individual managers can be held personally liable for dismissal in whistleblowing claims ( Timis and Another v Osipov and Another ). The case concerned the former CEO of an oil exploration...

Financial Ombudsman Service Remit to be Extended to Cover More Small Businesses

The Financial Ombudsman Service (FOS) exists to deal with complaints between financial service businesses (such as banks, insurance brokers, and loan and mortgage providers) and their customers – some of which are also businesses. Access to the FOS is...

Tenancy or Licence? Security Company Wins Possession Order

The distinction between tenancies and licences to occupy premises is crucial but not always easy to draw. A High Court case where this proved central concerned an agreement by which a security company allowed a man to occupy a vacant office block in order...

Small Business Data Protection Law Compliance Checklist

The Information Commissioner's Office (ICO) publishes a great deal of useful information for all organisations on data protection and compliance with data protection law. The ICO has recently updated its guidance on exemptions from some of the rights and...

Employee Copyright Agreement Achieved Legitimate Aim

Many employers require their staff to sign copyright agreements by which they give up their intellectual property rights to designs or other works created in the course of their employment. In an important decision concerning a luxury leather goods...

All Change for VAT on Vouchers

If your business issues vouchers, you should be aware that the VAT regime will change significantly on 1 January 2019. From that time, the VAT treatment of a voucher will depend on whether it is a 'single purpose' voucher or a 'multi-purpose' voucher. A...

Late Appeal is Void Appeal for Property Owner

When the owner of a property that had been designated as a house in multiple occupation (HMO) by his local council in 2001 chose to challenge that ruling some 15 years later, the council refused to review the decision. The property owner claimed to have had...

Director Who Flouted Ban Given Jail Sentence

Ignoring a court ruling is a foolish strategy at any time – as a man who continued to act as a director after having been banned from doing so found recently. In 2011, the man had agreed to a four-year ban after being involved in the running of a...

Confidential Information Leakage Stopped by Injunction

One of the biggest dangers when a senior employee leaves an organisation is the ease with which they can spirit away confidential information of importance to the business. Data is a critical asset for many businesses, and as well as the sanctions which may...

Job Interviews and the Risks of Asking Off the Cuff Discriminatory Questions

Questions asked of job applicants at interview should be carefully considered in advance and formulated with the benefit of legal advice. In one case where that signally did not happen, a 67-year-old man who was turned down for a park attendant's job...

Forfeiture for Rent Arrears - Commercial Landlords Take Note!

In a decision that will be essential reading for property professionals, the High Court has ruled that landlords who invoke the statutory commercial rent arrears recovery (CRAR) regime may thereby waive any right they have to forfeit leases. Landlords who...

Typhoon Disruption is Reasonable Excuse for Late Tax Payment

It is fair to say that HM Revenue and Customs (HMRC) take a hard line when it comes to non-payment or late payment of taxes due. Unless the taxpayer can show a 'reasonable excuse' (which in practical terms means a really compelling reason) for the delay,...

Court of Appeal Rules Uber Drivers Are Workers

The Court of Appeal has ruled that drivers who use online taxi company Uber's app are 'workers' within the meaning of the Employment Rights Act 1996 (ERA), rather than self-employed contractors, but has given the company permission to appeal to the...

Modern Slavery Compliance Regime to be Tightened Up?

There are estimated to be more than 40 million people who are victims of 'modern slavery' at any given time. A quarter of them are children, and the number of victims in the UK was estimated to be between 10,000 and 13,000 in 2013, although the National...

High Court Stamps on Illicit Live Streaming of Boxing Matches Online

Unauthorised online streaming of major sporting events, depriving organisers of their legitimate revenues, is ever on the increase. However, as a case in which the High Court came to the aid of a boxing match promoter showed, the law is far from powerless...

Vicarious Liability - Impromptu Post Christmas Party Gathering

Employers can be found vicariously liable for the actions of their staff when these occur in the course of their employment, which can include during an office function, but what is the position when one employee suffers injury at the hands of another at an...

Landlord Succeeds in Challenge to HMO Licence Fee

An increasing number of local authorities run licensing regimes to ensure the quality of accommodation provided in Houses in Multiple Occupation (HMOs). An important High Court ruling has, however, established that licence fees levied on landlords must not...

Sovereign Wealth Fund's $3 Billion Worldwide Freezing Order Overturned

Worldwide freezing orders are an essential means by which dissipation of wrongfully obtained money and assets can be effectively prevented. However, as an important High Court ruling showed , such orders are only worth the paper they are written on if they...