Legal news

Advertising Banners Planning Dispute 11/11/12

A businessman has failed to convince the Court of Appeal that he is entitled to carry on displaying banners advertising his shop at a road junction on the basis that he has done so for more than 10 years and should have been granted a certificate of lawful existing use or development (CLEUD). Dale...  read more »

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Home Buyers Paid £1.25 Million to Impersonator 09/11/12

In the ultimate cautionary tale for home buyers, a couple have endured three years of litigation after being duped by an ‘impersonator’ into paying £1.25 million for a London home that wasn't his to sell. The couple thought that they had bought a house in north London but its true owner was...  read more »

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Cattle Market Re-Development Go-Ahead 09/11/12

Controversial plans for the demolition of a historic cattle market and its replacement by a supermarket, library and car parking have received the green light after the High Court dismissed a campaign group’s challenge to the proposals. The court rejected the group’s plea that Monmouthshire County...  read more »

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Sacked BNP Member Human Rights Landmark 08/11/12

A member of the British National Party (BNP) who claims that he was dismissed from his job on grounds of his political affiliations has won a landmark ruling at the European Court of Human Rights. The court decided that Arthur Redfearn had been denied an adequate remedy under English law in breach...  read more »

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£18 Million Negligent Property Valuation Award Reduced on Appeal 08/11/12

A company which overpaid for a factory outlet centre (FOC) at Chatham Historic Dockyard in reliance on the negligent advice of property surveyors has had its damages award reduced from more than £18 million to just under £12 million after the Court of Appeal ruled that it would otherwise be over-compensated. Capita...  read more »

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Collective Redundancy Consultation – Unanswered Question 07/11/12

In United States of America v Nolan, the Court of Appeal sought guidance from the European Court of Justice (ECJ) as to the point at which the obligation to consult arises under Directive 98/59/EC, the Collective Redundancies Directive. Difficulties have arisen because the Directive provides that...  read more »

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$2 Million Damages Award For Deterioration of Cargo at Sea 07/11/12

The buyer of a large consignment of gasoil has won more than US$2 million damages after its deterioration whilst on board ship resulted in it falling below the satisfactory quality requirement laid down by section 14(2) of the Sale of Goods Act 1979. Prior to loading, the cargo was tested and...  read more »

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News & articles

Cybersquatting victory for Wiltshire firm 07/11/12

A Wiltshire-based company which runs the UK’s only dedicated military genealogy website has successfully won its battle against cybersquatters, with help from Withy King.  read more »

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Legal news

Common Descriptive Words Not Registerable as Trade Marks 07/11/12

A community trade mark that sought to protect use of the common English word ‘now’ was invalid due to a lack of distinctive character and the perception of the average consumer of internet broadcasting and telecommunications that it is widely used in that sector to describe the instant and immediate...  read more »

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Motoring Expenses Lump Sums ‘Not Emoluments’ 06/11/12

An employer is due a substantial tax rebate after persuading the Court of Appeal that lump sum payments it made to staff in respect of motoring expenses should not have been treated as an emolument of their employment and thus were not subject to national insurance contributions (NICs). For reasons...  read more »

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Development Scotched on Trespass Grounds 06/11/12

In a ruling which underlines the problems that can arise as a result of densely packed development in inner city areas, plans to rejuvenate a London office block with new outward opening windows have been scotched by a High Court ruling. The owners of closely adjoining land in Mayfair, central...  read more »

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Consultant Surgeon Race Discrimination Claim Fails 06/11/12

A consultant orthopaedic surgeon whose complaint of race discrimination was based on the fact that NHS Education Scotland (NHSES) had not allocated a trainee to him for five years has had his case dismissed after the Employment Appeal Tribunal (EAT) ruled that the organisation cannot be viewed as...  read more »

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Court Highlights Currency Risks 05/11/12

A Court of Appeal ruling has underlined the risks posed by shifting currency exchange rates in cross-border commercial dealings. In the context of a very substantial contract for the sale of paper tissue towels, the court has decided that one party to the agreement must carry the financial losses...  read more »

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Arbitrators Must Have Exclusive Power to Decide 05/11/12

In the context of an insurance dispute, a contractual term which provided for dispute resolution by an arbitrator and two independent appraisers could not qualify as an arbitration clause within the meaning of section 9 of the Arbitration Act 1996, the High Court has ruled. In a decision which...  read more »

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Government Consultants Triumph in Contract Dispute 05/11/12

In a case which underlines the wisdom of employing legal professionals to draft commercial contracts, a company which provides information technology consultancy services has triumphed in a substantial debt claim against the Department for Communities and Local Government. The dispute over the...  read more »

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