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Under the Points Based System (PBS) for immigration, most people applying to come to or remain in the UK to work or study who are not nationals of the European Economic Area or Swiss nationals will, in addition to having to meet the criteria set by the PBS...
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In contracts for construction works it is common for there to be indemnities against loss, given to the employer by the contractor, and also for there to be agreement as to what sort of insurance cover must be put in place. This is normally done by taking...
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Following a recent decision of the Law Lords that the Human Rights Act 1998 (HRA) does not apply to care homes which are run privately, the Government has announced it is to change the law.
The case involved an elderly woman who was...
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The law relating to covenants, easements and ‘profits à prendre’ over land is a relatively complex area given that such rights are common – the Land Registry has suggested that nearly two thirds of properties have some sort of...
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Don't let the post-holiday rush distract you from meeting the deadline for claiming relief from business rates.
Small Business Rate Relief applies where the Rateable Value (RV) of business premises is less than...
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On 18 August, two new driving offences came into force.
These are causing death by careless driving and causing death by driving while unlicensed, uninsured or disqualified. The effect of the changes is to increase the likely penalty...
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The Government's quest for better information on the energy efficiency of buildings has led to the introduction of Energy Performance Certificates (EPCs) for commercial as well as residential property (where they constitute part of the Home...
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Employees, or their dependants, are entitled to claim damages for injury caused by a workplace accident if:
there was a duty of care owed to the injured person;
that duty was not performed; and ...
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The new national minimum wage rates which will apply from October 2008 are as follows:
The adult national minimum wage will rise from £5.52 to £5.73 an hour.
The minimum rate for 18- to 21-year-olds...
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A judgment by the Court of Appeal illustrates that when someone dies without making it clear who should inherit their estate, this can result in a prolonged court battle and an outcome that may be very different from what the deceased person intended and...
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When one member of a cohabiting couple dies, it can come as an unpleasant surprise to the bereaved partner to discover that not all of their late partner’s estate will pass to them in the absence of a will. It is only when this happens that many people...
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With car fuel having leapt in price in recent months, the amount of VAT which can be recovered on fuel used for business purposes is also rising.
There are three ways in which car fuel can be dealt with for VAT purposes:
...
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The European Court of Justice (ECJ) has handed down its ruling ( Coleman v Attridge Law ) on whether the Disability Discrimination Act 1995 (DDA) properly implements the EU Equal Treatment Framework Directive .
Sharon Coleman, who...
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A case in which a tenant won a recent case against its landlord using the unfair contract terms legislation, seems to have given tenants whose leases contain unfair exclusion clauses, improved weaponry in such disputes. In the case in point, the tenant was...
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A recent case found the court considering whether a hot-air balloon, which carried passengers on pleasure trips, was an aircraft under the law. The case involved a man who was injured in 2003 when the balloon he was travelling in landed heavily.
...
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Following one of the largest ever investigations under the Competition Act 1998 , the Office of Fair Trading (OFT) has issued a Statement of Objections (SO) against 112 firms in the construction sector in England that it alleges have engaged in bid...
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Under Section 57A of the Employment Rights Act 1996 , all employees are entitled to take a reasonable amount of unpaid time off work to deal with emergencies involving a dependant, and not to be dismissed or victimised for doing so. The emergency must...
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Tax law in the UK permits a person (or a couple who are married or civil partners) to have only one home designated as their ‘Principal Private Residence’ (PPR). The importance of this is that any gain on a PPR is exempt from Capital Gains Tax...
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Construction contracts usually provide for payments to be made in stages, with the amount payable being based on the amount of work certified as complete at the appropriate time. Where project milestones are not met, the contract will normally provide that...
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Under the Points Based System (PBS) for immigration most people applying to come to or remain in the UK to work or study who are not nationals of the European Economic Area (EEA) or Swiss nationals will, in addition to having to meet the criteria set by the...
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Following persistent criticisms of Home Information Packs (HIPs), Housing Minister Caroline Flint has announced new proposals 'to improve the quality and flow of information consumers receive through the HIP'.
A ...
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The Information Commissioner’s Office (ICO) has been given the power to impose substantial fines on organisations that deliberately or recklessly commit serious breaches of the Data Protection Act (DPA). The new power is granted under the...
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Much has been made of the Capital Gains Tax (CGT) changes, regarding the taxation of business assets, due to the abolition from 6 April 2008 of ‘taper relief’. However, the CGT position regarding non-business assets has also changed significantly...
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Companies can now execute documents under deed without having to have the document signed by two officers (directors or the company secretary) or affixing the company’s seal.
Now, provided it is allowed under the company’s...
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Currently, restaurants operate a wide variety of practices when it comes to dealing with tips and the Government does not regulate as to how they should be managed.
The Department for Business, Enterprise and Regulatory Reform (DBERR)...
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Rogue debt collectors face tough new rules in a Government bid to improve consumer protection in this contentious area. This is because of changes to the Consumer Credit Act 2006 (CCA) which have recently come into effect.
Chief...
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A tax clearance is a procedure by which a taxpayer considering making a transaction, obtains the agreement of HM Revenue and Customs (HMRC) that the tax effects of the transaction are what the taxpayer believes them to be. A clearance allows certainty...
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Blackburn-based brewery Thwaites, which owns 400 pubs, has won a victory which will bring cheer to licensees, after the Court ruled that a decision by magistrates to cut the opening hours of its Saughall Hotel in Saughall Massie on Merseyside was not based...
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A recent ruling of the House of Lords will come as a big blow to criminal conspirators hoping to protect their assets from confiscation under the Proceeds of Crime Act and related legislation. The judgment means that, where co-defendants have jointly...
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The changes recently made in the Capital Gains Tax (CGT) regime are more far-reaching than has generally been understood. In this article, we look at the impact of the changes and work out who are the winners and losers.
Losers ...
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HM Revenue and Customs (HMRC) have issued a warning to homeowners who are seeking to make extra income by renting rooms out for short periods to those seeking accommodation whilst attending events such as Glastonbury and Wimbledon. Such income is...
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Clients in the building trade should be reminded that the person responsible for the management of a building site is required, if the construction phase involves more than 30 calendar days or 500 person-days of work, to appoint a Construction Design and...
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The Government has announced that it is extending the temporary provisions for first day marketing whereby a property can be put on the market without a Home Information Pack (HIP), provided one has been commissioned and paid for and is expected to be in...
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The Health and Safety Commission (HSC) and the Health and Safety Executive (HSE) have merged to form a single national regulatory body.
Originally, the two were established as separate, non-departmental bodies with working practices...
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With the holiday season in full swing, we thought it might be a good idea to remind our clients that UK credit card companies can be held liable under the Consumer Credit Act for breaches of contract or misrepresentations arising out of foreign credit card...
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In recent years there have been several failed attempts by the European Union Council of Ministers to agree on proposals to improve the employment rights of agency workers. In December 2007, the Agency Workers Directive (AWD), giving temporary workers...
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The Department for Innovation, Universities and Skills has launched a consultation exercise on a proposed new law, whereby employees will have the right to request time off work to complete relevant training. It is planned that the new entitlement will...
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There have been a number of cases in which a refusal to mediate on the part of one party in a dispute has led to that party carrying the costs (at least in part) of the other party, even though the party which refused to mediate won the case. Recently,...
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A SIPP (Self Invested Personal Pension) is one of several types of pension provision in which a person can invest – but it is crucially different from most other forms of pension in that it is the purchaser of the pension who controls the investments...
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Cases involving damage to a property caused by trees located on a neighbour’s land, especially those dealing with subsidence or heave due to roots, are fairly common. One complication that arises is where the tree in question is subject to a...
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The Employment Appeal Tribunal (EAT) has ruled (First West Yorkshire Limited t/a First Leeds v Haigh) that where an employee is on long-term sick leave and his pension scheme contains provisions entitling him to an ill health pension on grounds of permanent...
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Most business owners and managers think that training costs aimed at improving skills or business profits automatically qualify for tax relief, but that is not necessarily the case. The complexities of the UK tax system mean that the availability of tax...
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Misunderstandings are at the base of many legal disputes and nowhere is this more evident than in disputes involving insurance claims. Recently, a company which used scrap metal found that it had inadvertently received scrap contaminated with small amounts...
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The UK Employment Equality (Age) Regulations 2006 , which came into force on 1 October 2006, make all retirement ages under 65 illegal unless objectively justified.
Heyday, an organisation backed by Age Concern to support people...
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When one member of a cohabiting couple dies, it can come as an unpleasant surprise to the bereaved partner to discover that not all of their late partner’s estate will pass to them in the absence of a will. It is only when this happens that many people...
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Tenant’s Rights Survive Transfer of Title
A corporate landlord who tried to prevent its tenant from exercising the option to purchase the property after the title to the property had been transferred to a subsidiary company (for...
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A recent case, in which a company was convicted of tipping waste illegally, prompted a comment from Lord Justice Keene which...
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In these days of Home Information Packs, you might think that the details you get about a property for sale will be accurate in every particular. It may not be so, however, and if so, is the estate agent liable? A recent case clarifies the issue......
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From 31 March 2008, there has been an increased incentive to make sure Corporation Tax returns are lodged with HM Revenue and Customs (HMRC) on time.
From that date, returns lodged by the normal due date will only be...
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Whether you are employed or self-employed makes a critical difference to how you are taxed and the tax liabilities of an employed person can be very different indeed when compared with a self-employed person with similar levels of gross income. The National...
