Williamsons Solicitors News Stories

Hastings-Bass challenge

HMRC

The Supreme Court is to hear two important cases in which HM Revenue and Customs (HMRC) are opposing the right of trustees of a settlement to reverse a decision they took which had an unexpected… Read More

£420,000+ race discrimination award upheld

Hackney

A local authority which was ordered to pay more than £420,000 compensation to a disappointed job applicant in respect of race discrimination has failed to convince the Court of Appeal that the drain… Read More

Licensing eased for community events

Lecture Hall

One of the most annoying aspects of organising community events can be the involvement in the bureaucracy of obtaining a licence for the event. However, the Government has agreed that community… Read More

CRB ‘incompatible’ with human rights

Rehab

The established regime whereby applicants for jobs requiring contact with children or vulnerable adults have their entire criminal records disclosed to prospective employers has been declared… Read More

Adjudicator did not breach natural justice

Contamination

In the context of a contractual dispute over a land decontamination project, arguments that an adjudicator unlawfully restricted his own jurisdiction by treating himself as bound by another… Read More

£92,000 hire claim dismissed!

RCJ

A property developer who ended up on the receiving end of a judge's moral views when he claimed more than £100,000 damages after his Rolls Royce was dented in a minor road accident has failed to… Read More

Chastity claims belted

RCJ

In striking out a woman’s defamation and malicious falsehood action in respect of her ex-husband’s accusation that she was not a virgin when they married, a High Court judge has underlined the… Read More

Patient confidentiality "fundamental"

Trainseats

A consultant psychiatrist employed at a high-security hospital who has been accused of breaching confidentiality by leafing through a patient’s medical notes on a crowded train will face an internal… Read More

Copyright - computer language & functionality

Copyright

In what will be viewed as a serious blow to creators of computer software, the High Court has ruled that copyright in a computer program does not protect either the programming language in which it… Read More

£90,000 fine for data blunders

NHS

The first-tier tribunal has dismissed an NHS trust’s appeal against a £90,000 monetary penalty imposed in respect of data transfer blunders that resulted in extremely sensitive patient information… Read More

‘Labyrinthine’ lease dispute

Retail park

In ruling that the conditions of an agreement to enter into a commercial lease have been duly satisfied, the High Court has commented adversely on the ‘labyrinthine’ drafting adopted by the parties… Read More

Cigarette end ‘most likely cause’ of blaze

Cigarette

A self-employed electrician's carelessly discarded cigarette butt was the most likely cause of a blaze which raged for two days and left a £4.5 million trail of destruction at a waste recycling… Read More

£200 million "freezer" modified

Superyacht

A £200 million asset freezing order issued in the context of the breakdown of the relationship between an extremely wealthy businessman and the mother of his children was excessive and has been… Read More

Bouncy chair to blame for baby’s injuries?

RCJ

A father who claims that serious injuries suffered by his baby son were caused by a fall from his bouncy chair has been denied permission by the Court of Appeal to present a leading biomechanical… Read More

Open justice prevails

Barclays fixed rates

In the context of fraudulent misrepresentation claims by customers of Barclays Bank in respect of alleged widespread fixing of the London Interbank Offered Rate (LIBOR), the High Court has dismissed… Read More

Widow ‘pressured’ into changing will

RCJ

Two brothers were denied their rightful inheritance after their frail step-mother was pressured into changing her will by a relative, the High Court has ruled. The 75-year-old widow’s free will had… Read More

Supreme Court rejects accountants' bid for professional privilege

ICAEW

The Supreme Court has ruled, by a majority of five to two, not to extend professional privilege to members of the Institute of Chartered Accountants in England and Wales (ICAEW). Professional… Read More

Heavy cost of election blunder

Ballotbox

Confusion over similar names led to a mistake by vote counters that resulted in a Conservative candidate being wrongly declared duly elected to a council seat in the Labour Party’s north Wales… Read More

Journalist blew up Porsche!

Porsche917

A motoring journalist who was at the wheel of a classic racing car when its engine blew up has been ordered to pay nearly £50,000 damages to its owner after the High Court ruled that the damage was… Read More

Snow, ice - and employees’ rights

Snow&ice

There’s snow everywhere and the thermometer is stuck at the bottom. Schools are closed and the children need to be looked after. What happens if your employees decide that battling their way into… Read More

Compensation for holidaymakers

Torremolinos

Sixty-nine British people who contracted a stomach bug whilst on holiday in Spain have won more than £200,000 in compensation. The tourists visited the Beach Club Hotel in Torremolinos, Spain… Read More

Al fresco planning row

Cover

The owner of a central London restaurant was correctly permitted to station tables and chairs on the pavement for al fresco diners, that use having been established over a period of more than 10… Read More

Dubai claims to proceed

Dubai

A businessman who claims that, pursuant to a consultancy agreement, he played an essential introductory role in the award of contracts in respect of the construction of an underground transport… Read More

Consumer protection hits small business

House

In ruling that a removals firm was not entitled to charge a cancellation fee to a householder who terminated a contract at short notice, the Court of Appeal has expressed concerns about the harsh… Read More

Agricultural employer caught by gangmaster laws

Farm

In a cautionary tale for agricultural employers, the Court of Appeal has ruled that a dairy company was justifiably prosecuted under the Gangmasters (Licensing) Act 2004 for taking on a herdsman… Read More

£39 million claim struck out

Warehouse2

A property developer’s misrepresentation claim against surveyors in respect of abortive property purchases has been struck out by a High Court judge on the basis that the proceedings had been… Read More

Property maintenance claim proceeds

Towerblock

A not-for-profit housing partnership is facing a High Court breach of contract claim after it deducted £300,000 from sums claimed to be due by a property repair and maintenance contractor. A judge… Read More

College refused ‘Highly Trusted Sponsor’ status

College

A higher education college which was refused ‘highly trusted sponsor’ (HTS) status in respect of the admission of overseas students from outside the European Union has failed to convince the Court… Read More

‘Obvious potential for unfairness’ in PAYE penalties

Enquiry Centre

The first-tier tribunal has acknowledged that the Finance Act 2009 regime, under which penalties are levied for late payment of PAYE and national insurance contributions (NICs), ‘has obvious… Read More

Grandfather must receive treatment

Hospital4

An NHS Trust’s application to withhold intrusive medical treatment from a desperately ill grandfather on grounds that it is futile and only increases his suffering has been rejected by a High Court… Read More

Green light for wind farms

Wind farm

Plans for two new wind farms in the King's Lynn area have won the backing of the High Court - even after the government and local planning authority had conceded that the decision to give the… Read More

Volunteers not protected

Citizens Advice Bureau

Voluntary organisations will welcome a decision of the Supreme Court in X v Mid-Sussex Citizens Advice Bureau that volunteers do not fall within the scope of the Disability Discrimination Act 1995… Read More

Bank not liable for credit reference

Construction4

A property developer who claimed that she was ruined by a poor credit reference from her bank has lost her High Court claim for more than £3 million in damages. The court rejected her plea that the… Read More

Mediation Clause Not Precise Enough to be Enforceable

In upholding the jurisdiction of arbitrators to resolve a commercial dispute, the High Court has ruled that a contractual clause that sought to require attempts at mediation and conciliation to be… Read More

‘Deprivation of liberty’ guidance

RCJ

In an important ruling for the medical profession and the private care homes industry, a High Court judge has given guidance on the circumstances in which it is legitimate to deprive patients of… Read More

Farmer fined after quad bike death

Dartmoor

A recent case highlights the need for farm workers who use quad bikes always to wear a safety helmet. Phillip Nyhan, of Wotter, was an apprentice for Moorskills Farming Project Ltd. He was sent to… Read More

Cross-Wearing Worker Wins Human Rights Test Case

A devout Christian worker who was sent home without pay for wearing a cross in contravention of her employer’s uniform policy has won a landmark ruling that her human right to religious freedom was… Read More

No immunity from discrimination claim

EAT

A foreign embassy worker must pay more than £70,000 compensation to a former domestic employee after failing to defeat her discrimination claims on grounds of diplomatic immunity from suit. The role… Read More

Defrauded investor gets money back

RCJ

A businessman who invested US$250,000 in a new commercial venture on the basis of a fraudulent misrepresentation has been awarded his money back by the High Court. A statement made to encourage the… Read More

Ship shape contract term

Tanker

In a decision of wide significance, a commercial judge has ruled that the satisfactory quality provisions contained within section 14(2) of the Sale of Goods Act 1979 were not excluded by a… Read More

Race Discrimination Claim Was Not Too Late

An Employment Tribunal erred when it struck out an employee’s race discrimination claim on grounds that it had been lodged too late. In ruling that the claim was out of time, the tribunal had… Read More

‘Shard’ claims decided

Shard

A dispute between companies engaged in steelwork for Europe’s tallest building, the Shard, has been resolved by a High Court judge. A damages award of more than £800,000 to the main contractor in… Read More

Companies Court wrong forum for debt disputes

Yachts

In upholding a decision to strike out a winding up petition brought by a dissatisfied yacht purchaser, the Court of Appeal has emphasised that the Companies Court is not the correct forum for trying… Read More

London Bridge station development to proceed

Station

Plans for renovation and substantial remodelling of London Bridge station, the final major component of the upgrade to the Thameslink line, have won the backing of the Court of Appeal. A challenge… Read More

£30,000 for work injury

Truck

A woman who injured her ankle after she slipped and fell at work has won damages of £30,000. Katrin Weiss worked as an operations manager for a manufacturer of doors and window frames in Rotherham… Read More

Travellers must move on

Willowman

Two families of travellers living on a site in Somerset without planning permission have failed in a High Court bid for the right to stay there. The likelihood that eviction would interfere with the… Read More

Home must be demolished

Planningbreach

A couple who bought a terraced home that was constructed without planning consent have failed in a High Court appeal against an enforcement notice requiring its demolition. Arguments that the notice… Read More

No apportionment in liability insurance

RCJ

In circumstances where professional indemnity insurers (the insurers) argued that part of a major financial institution’s very substantial losses had been incurred with the objective of protecting… Read More

Jury trial in the Facebook era

Facebook

The Court of Appeal has taken the extremely rare step of directing an inquiry by independent watchdog, the Criminal Cases Review Commission (CCRC), into the fairness of a criminal trial after it… Read More

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