Williamsons Solicitors News Stories

Judge ends wheelie bin war

Wheelie bins

Landowners engaged in costly litigation against their neighbours, amidst allegations that the narrowing of a right of way had made it impassable for a wheelie bin, have had their case stopped in its… Read More

Driver not a ‘worker’

Truck

In an important decision that further defines the word ‘worker’ within the meaning of the Employment Rights Act 1996 (ERA), the Employment Appeal Tribunal (EAT) has ruled that a self-employed… Read More

Probate Registrar Unfair Dismissal Claim Must be Re-Heard

A district probate registrar’s unfair dismissal case must be re-heard in its entirety due to a number of errors of law made by the Employment Tribunal that upheld her claim. The Employment Appeal… Read More

No injustice in arbitration award

Cement

In the context of a commercial dispute arising out of the construction of a cement works in the United Arab Emirates, a High Court judge has rejected arguments that a Dirhams 84 Million arbitration… Read More

High Court to hear Europe-wide patent dispute

RCJ

In a ruling which underlines the growing expertise of the English courts in resolving international disputes, the High Court has accepted jurisdiction to hear a dispute concerning medical patents… Read More

Email 'joke' policeman rightly sacked

Police3

A police constable who sent explicit emails to a friend who was later convicted of sexual activity with a 14-year-old girl will be dismissed from the force following a High Court ruling that his… Read More

£300,000 decontamination claim fails

Oilsite

A landowner has failed to convince a Technology and Construction Court judge that workmen contracted to dismantle heavy machinery on an industrial site caused oil contamination that cost more than… Read More

Christmas Party!

Xmas party

An office Christmas party is an opportunity for employers to thank members of staff for their contribution over the year and a chance to relax and enjoy the holiday season. There are pitfalls… Read More

TUPE - service provision

Islington

In a ruling which clarifies what is meant by a ‘service provision change’ in the context of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE), a tribunal has ruled that a… Read More

Settlement terms fueled further litigation!

Crane

In a case which underlines the benefits of careful professional drafting in the settlement of commercial disputes, a lack of clarity in a compromise agreement reached between parties to a breach of… Read More

Stalking Law Now In Effect

Stalking Law Now in Effect Victims of stalkers are now protected by tough new laws which make stalking a criminal offence in England and Wales. The offence will now carry a maximum six-month… Read More

Paintballing breached planning control

Paintball

A paintballing operation had the potential to cause harm to the rural character and visual amenities of the open countryside, a judge has ruled in upholding enforcement notices which banned the… Read More

Barnstormers in court

Field

A couple who said they had spent £100,000 building a barn on their land without planning permission have been ordered to tear it down by a High Court judge who ruled that they had attempted to… Read More

When is a prize not a prize?

Prize

If you have to pay for it, it isn't a prize. That simple rule was the decision of the Court of Justice of the European Union CJEU following a referral form the Court of Appeal concerning 'scratch… Read More

Witness evidence excluded in trade mark dispute

Bouquet

In the context of a trademark dispute, the Court of Appeal has ruled that selective evidence obtained by one of the parties through a witness gathering exercise is neither useful nor reliable and… Read More

VAT on a plate?

HMRC

Arguments that a Saudi Arabian businessman should not have been charged VAT on a car number plate for which he paid £170,000 on the basis that he is not a UK resident and that the Driver and Vehicle… Read More

Rickety appeal rejected

RCJ

A mother and father's plea that vitamin supplements in formula baby milk led to them being condemned for battering their month-old baby has been rejected by a judge who refused them permission to… Read More

Out-of-Hours GP Neither a Worker nor an Employee

An out-of-hours general practitioner (GP) who argued that he was victimised for making a public interest disclosure (PID) has had his compensation claim ruled out by the Employment Appeal Tribunal… Read More

Big money divorce on way to Supreme Court

RCJ

A Court of Appeal ruling in a big money divorce case – which effectively outlawed the long-established practice of the High Court Family Division to look behind corporate structures when assessing… Read More

Judge calls for regulation of tattooists

Tattoogun

A senior judge has expressed his horror after a young woman was left scarred for life when injected in the breast with a caustic chemical by a cosmetic tattooist who had had one hour's training in… Read More

Employment Tribunal ‘Apparent Bias’ Appeal Dismissed

A highly unusual set of circumstances in which two respondents to an employment tribunal claim were appointed as lay members of the tribunal service during the hearing of the case gave rise to… Read More

Shop trolleys ‘dangerous’ rules appeal court

RCJ

Trolleys used at thousands of DIY stores and supermarkets have been declared ‘dangerous’ by a senior judge after a 79-year-old woman tripped over one, breaking both her arms. In a ruling of great… Read More

£300,000 award for exploding yacht

Yacht2

A businessman whose luxury yacht exploded in flames 15 minutes into its maiden voyage has won £300,000 from the company that sold it to him. A judge ruled that, barring an attack by a submarine, the… Read More

No VAT exemption for golf tutor

Golf

A golf professional’s plea that the services he provides to his customers should be exempted from VAT has been rejected by the Upper Tribunal. He could not benefit from the private tuition exemption… Read More

Victory for demoted Christian

Facebook

A Christian who was demoted at work for posting his opposition to gay marriage on Facebook has won a breach of contract claim after a judge ruled that he was wrongly found guilty of gross misconduct… Read More

Benefits of formal agreements

Lombard

A Court of Appeal ruling has underlined the wisdom of employing professionals to draft commercial contracts rather than relying on informal exchanges of emails. Lengthy and costly litigation was… Read More

It is what it says

Trust

Where parties of full age and capacity executed a declaration of trust stating that a residential property was owned by them in equal shares as tenants in common, the burden of proving that the… Read More

Trademark infringement - overheads not deductible

RCJ

In a case involving parallel importation and unauthorised re-packaging of medical products, the Court of Appeal has ruled on the correct methods of calculation to be employed when assessing profits… Read More

Corporation Tax Avoidance Scheme Ineffective

A complex series of transactions designed to avoid corporation tax on a chargeable gain of more than £8.5 million on the sale of shares was ineffective either to avoid or defer payment of the tax… Read More

Airline pilot wins ‘race to divorce’

Plane4

An airline pilot whose wife refused to return home with him after a family holiday has broken the tape first in their ‘race to divorce’. The Court of Appeal ruled that a family judge had been right… Read More

ECHR rules on protection of political belief.

ECJ

In Redfearn v UK, the European Court of Human Rights (ECHR) has ruled that UK law must provide employees with adequate protection against dismissal on the grounds of membership of a political party… Read More

TV and film tax scheme fails

RCJ

Investors who lost substantial sums when they invested in a failed scheme to save tax through investment in British television and film productions have suffered a blow to their hopes of… Read More

Woman will die with dignity

COP

A woman suffering from irreversible brain damage is to be allowed to die with dignity after a judge dismissed reports by two therapy assistants that she may have repeatedly whispered the word ‘die’… Read More

Unauthorised deductions claim crashes

Plane3

Two airline employees have failed to convince the Employment Appeal Tribunal (EAT) that they were entitled to additional food and accommodation allowances to take account of the heavy costs of… Read More

Patent court jurisdiction

Golf

The Patent County Court has accepted jurisdiction to hear an inventor’s claim that disclosures he made to a manufacturer regarding the design of a folding golf cart were publicly revealed in breach… Read More

Motorcyclists challenge ‘green lane’ closure

Greenlane

The decision to close a ‘green lane’ in the Peak District to motorised vehicles is under challenge at the High Court by a campaign group that fights to preserve ancient routes for motorcyclists to… Read More

10 year old wins £5.8 million from NHS

Hospital4

A severely disabled ten-year-old boy has been awarded a £5.8m settlement of his case after failures in his treatment at Southampton General Hospital a few weeks after his birth resulted in… Read More

8 year old girl wins £335,000 from NHS

NHS

An eight-year-old girl whose lawyers claim a doctor pulled too hard during her hospital delivery, causing lifelong disabilities, has settled her damages claim against an NHS trust for £335,000… Read More

Sex abuse victim awarded only £55,000

RCJ

A former high-flying solicitor whose life has been overshadowed by sexual abuse at the hands of a Jesuit priest during his schooldays has had his hopes of a £5 million damages award dashed by a High… Read More

Privacy trumps ramblers’ rights

Footpath2

Home owners who succeeded in having a centuries-old footpath diverted away from their front door are celebrating a court ruling upholding the decision. Michael and Susan Weston had argued that the… Read More

Garden building must be demolished

Shed

A businessman will have to demolish an out-building at the bottom of his garden after the High Court ruled that its use by his non-resident employees as an office cannot be viewed as a use which is… Read More

Criminal Records Bureau merger

CRB

On 1 December 2012, the Criminal Records Bureau (CRB) merges with the Independent Safeguarding Authority (ISA) to become the Disclosure and Barring Service (DBS), which will combine the criminal… Read More

Auction defaulter's assets frozen

A voracious art and antiques collector who defaulted on payment after bidding more than US$19 million for rare coins at auction has been issued with a US$15 million asset-freezing injunction after a… Read More

Banks granted permission to sue valuers

Valuers

A court ruling has clarified the extent of judicial power to grant permission for legal proceedings to be launched retrospectively against companies in administration. A judge exercised his… Read More

Sacked BNP member in human rights landmark

Coach

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… Read More

Multi-million divorce award

Gates

A ‘very rich’ businessman has been ordered to pay his ex-wife a lump sum of £4 million, plus £150,000-a-year for the rest of her life, to finalise their divorce. The former couple had enjoyed a… Read More

$2 million sea cargo damages

Gasoil

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… Read More

£1.2 Million dilapidations claim fails

Dilaps

A landlord left with a dilapidated property after its tenant went into liquidation has failed in a bid to recover more than £1.2 million after a High Court judge ruled that the alleged debt had not… Read More

No guidance from ECJ on collective redundancy

ECJ

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… Read More

22 months for contempt

RCJ

In one of the most costly and wide-ranging cases ever to be litigated in the English courts, a businessman accused of ‘looting’ US$5 billion from a major Kazakhstan bank of which he was chairman has… Read More

Expenses lump sums ‘not emoluments’

Cardash

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… Read More

Post-operative brain damage claim settled

Hospital3

A mother whose heart stopped a fortnight after having her gall bladder removed at an NHS hospital has won six-figure compensation from the NHS. The woman, aged in her 40s, had suffered from multiple… Read More

Government caught out in contract dispute

DC&LG

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… Read More

Court highlights currency risks

Factory

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… Read More

Commercial Judge Refuses to Recuse Himself

A judge of the Commercial Court who has for three years presided over a complex dispute - delivering no less than 26 interim judgments concerning the matter - has refused an application to recuse… Read More

No safe harbour for oil giants

Oilterminal

In the context of a bitter landlord and tenant dispute, the operators of Britain’s largest oil terminal have failed in a High Court bid to wrest control of the nationally important facility from… Read More

Dismissed pharmacist loses £35,000 claim

EAT

A pharmacist who was dismissed after allegedly calling the business for which she worked ‘a little Sikh club’ has had her hopes of a £35,000 compensation award dashed after the Court of Appeal… Read More

Retail park revamp blocked

Retailpark

The owner of a retail park has suffered a blow to its plans to carry out a multi-million-pound revamp of the property. The High Court rejected Peel Land and Property Investments' challenge to… Read More

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