Williamsons Solicitors News Stories

MOD liable for ball pond injuries

RCJ

An RAF officer who suffered crippling injuries when he dived head-first into a shallow ball pond during an 'It's a Knockout' style fun day is due to up to £6 million damages after a High Court… Read More

Election ‘Mock Newspapers’ Not Libellous

A former MP has suffered defeat in his libel case against the man who replaced him in the May 2010 general election after the Court of Appeal decided that statements published in two ‘mock… Read More

No indemnity for E.Coli farm owner

Sheep

The owner of an animal petting farm where a number of young visitors were infected with a potentially fatal strain of E. Coli bacteria must face up alone to a substantial damages claim by twin… Read More

Consultations on parental leave and flexible working

Parenting

Two consultation documents have been published that relate to more flexible working practices First, the Government is seeking opinions on how its proposed shared parental leave reforms should work… Read More

Tribunal no power to consider ‘legitimate expectation’

HMRC

In a ruling which clarifies the law, the upper tribunal (UT) has rejected a taxpayer’s plea that he had a ‘legitimate expectation’ that he would be granted a VAT input tax credit after being given… Read More

Tribunals told to ‘take heed of public funds'

RCJ

Employment tribunals and their users alike have been told to ‘take heed’ of the need to take a ‘firm grip’ on proceedings to ensure conservation of public funds. The Court of Appeal expressed… Read More

Court rules on ‘fair valuation’ of shares

Property

In circumstances where the sole director of a property investment company had inflicted unfair prejudice on his fellow shareholder by procuring the transfer of its entire portfolio to himself at an… Read More

Baby’s removal was justified

RCJ

A mother who had her one hour-old son taken away from her by police after her boyfriend threatened to ‘mobilize an army of 200 skinheads’ to kidnap the child has failed to overturn a family judge’s… Read More

Map-reading row led to divorce

Mairie

A businessman who argued that a row he had with his wife in respect of her map-reading skills was wrongly treated as evidence that their relationship had irretrievably broken down has failed to… Read More

‘Economic activity’ for VAT purposes

Runway

In an important decision for tax professionals, the Court of Appeal has ruled that a company established for the sole purpose of acquiring control of airports operator, BAA Limited, was not engaged… Read More

Roofing contractor liable for £21 million blaze

Scaffold

A roofing contractor has been ordered to pay more than £21 million damages after the flick of an electrical switch caused a catastrophic fire that devastated a copper tubing factory. The High Court… Read More

Qatada protests banned

AbuQatada

The wife and children of radical preacher, Abu Qatada, have won a High Court injunction forbidding demonstrations within 500 metres of their home. Their lawyers had submitted that frequent, noisy… Read More

No VAT refund on boat for disabled son

Cruiser

A father who imported a motor cruiser to indulge his seriously disabled son’s passion for boats has failed to convince the Upper Tribunal that the vessel should be zero-rated for the purposes of… Read More

NHS Trust pays for botched op

Cruiser

A man who was left with a broken leg after mistakes during a routine surgical procedure has won a five-figure sum in compensation. Stewart Clegg, a taxi driver, had suffered from pain in his left… Read More

Golf resort injunction confirmed

Golfresort

The High Court has confirmed a worldwide asset freezing injunction against property developers who promoted a luxury wine, golf and boutique hotel resort in Argentina. The court ruled that an… Read More

Conviction quashed for possible juror bias

Air freight

A businessman who was found guilty of being knowingly concerned in an attempt to ship machinery to Iran in breach of an export ban has had his conviction quashed due to the trial judge’s refusal to… Read More

Scoutmaster injured on fireman’s pole wins damages

Firestation

A scout master who suffered permanently disabling back injuries when he ‘hit the deck’ after sliding down a fireman's pole in front of his troop has been awarded almost £170,000 in compensation. The… Read More

Nuclear sub project £93.6 million over budget

Submarine

The Technology and Construction Court (TCC) has determined where liabilities should fall consequent upon a very substantial over-run in the cost of a Ministry of Defence (MoD) project to design and… Read More

Housing benefit inflation cap upheld

Towerblock2

The High Court has upheld the government’s controversial policy to pin housing benefit increases to the level of general inflation. In dismissing a judicial review challenge brought by a poverty… Read More

High court approves 1,000 new homes in village

Tewkesbury

Tewkesbury Borough Council has failed in a High Court challenge to plans that will see 1,000 new homes added to a Gloucestershire village. The court ruled that there was nothing wrong with the… Read More

Consumers Can Testify in Interflora Trade Mark Dispute

Interflora Inc. has been granted permission to call evidence from 13 members of the public in support of its case that Marks & Spencer Plc. has infringed its trade mark by ensuring that the… Read More

Leading drug patent invalid

Malarone

In a ruling which will send shock waves through the pharmaceutical industry, a judge has decided that the European patent protecting the UK’s most successful anti-malarial prophylactic is invalid… Read More

Contract not frustrated by Russian ban

Tanker2

In the context of an abortive contract for the sale of a substantial quantity of grain, the Commercial Court has ruled that the agreement was not necessarily frustrated by a temporary ban on wheat… Read More

Judicial proceedings immunity

School2

A former head teacher who claims that she was the victim of a concerted campaign of racial discrimination, harassment and victimisation in order to oust her from her post has had part of her case… Read More

Entire estate spent on costs

RCJ

The fictional protagonists in Charles Dickens' Bleak House took generations to waste their inheritance on interminable court proceedings but it took a real family just four years to do the same. In… Read More

Credit reference agency appeal success

Equifax

A businessman who won a landmark ruling that a credit reference agency had breached its duty under the Data Protection Act 1998 by wrongly branding him a bankrupt has had his victory turned to ashes… Read More

Council must pay more for derelict home

Derelict house

The freehold owner of a semi-derelict property that was compulsorily acquired by a local authority has been awarded £105,000 compensation. Rejecting Leicester City Council’s plea that compensation… Read More

University’s land development hopes boosted

Garden2

Bristol University’s hopes that 70 hectares of land it owns on the outskirts of the city will be removed from the green belt and allocated for housing development have been boosted by a High Court… Read More

Seller entitled to retain $7.5 million instalment

Gasplant

In the context of a contractual dispute over the $37.5 million sale of two large gas plants, the Commercial Court has ruled that the seller is entitled to retain $7.5 million in instalments remitted… Read More

Local authority’s care home rates rational

Carehome

Private care home owners have failed to convince the High Court that rates for their services paid by a local authority are irrationally low. The High Court ruled that, in setting the relevant fees… Read More

Right to light consultation

Right to light

The Law Commission has published its consultation document designed to bring the law on rights to light up to date. The major proposed changes are: • An abolition of the provisions of the… Read More

Migrant worker not penalised

RCJ

The Court of Appeal has rejected arguments that a European Union (EU) national was disproportionately penalised by the refusal of Jobseeker’s Allowance (JSA) on the basis that he had not been… Read More

Google fends off Blogger claim

Blogger

In a ruling with important implications for the future policing of the internet, the Court of Appeal has decided that there are circumstances in which Google Inc. could be successfully sued for… Read More

All is lawful that is not unlawful!

Canal

A boat dweller has triumphed in an epic fight to moor his vessels on a stretch of the Grand Union Canal after the Court of Appeal emphasised that ‘it's a free country’ and that everyone can do… Read More

Hedge fund judgment upheld

Caymans

Unfortunate private investors in a Cayman Islands-based hedge fund which was marketed as low risk – but the main assets of which were revealed as ‘mere shams’ in the wake of its collapse – may get… Read More

Partner not liable for £2.5 million fraud

Streetview

A partner in a professional firm whose colleague engaged in a £2.5 million mortgage fraud was not liable for his misdeeds. A mortgage lender’s arguments that, on a correct interpretation of the… Read More

Businessman faces 67% tax

HMRC

A UK resident member of a Delaware limited company will have to pay 67% tax on his very substantial profits after failing to convince the Court of Appeal that he is a victim of double taxation… Read More

Big tax brother is watching...

CCTV

A recent Freedom of Information Request to HM Revenue and Customs (HMRC) has revealed that in 2011, HMRC obtained by covert means no fewer than 14,000 records of communications by taxpayers' in… Read More

9/11 attacks 'were two events’

Twintowers

In the context of an insurance dispute, the Commercial Court has upheld a ruling by arbitrators that the 9/11 hijackings that led to the collapse of the twin towers of the World Trade Centre in New… Read More

Police liable to autistic teenager

Policecar

The Court of Appeal has rejected a bid by the Metropolitan Police to overturn a £28,250 damages award made to a severely autistic and epileptic teenager who was restrained by officers after jumping… Read More

Older workers entitled to more

EAT

Employers are entitled to offer older workers bigger redundancy packages than their younger colleagues even if the duration of their service is identical. Rejecting a direct age discrimination claim… Read More

Injunction blocks ex-employee’s ‘harassment campaign’

Townhall

An ex-local authority worker who is said to have mounted a vitriolic campaign against his former employer and others has been ordered to desist by the High Court. Issuing an interim injunction… Read More

Holiday village tenants must pay

Chaletpark

Arguments put forward by residents of a Cornish holiday village that they are entitled to withhold service charges until their landlord has complied in full with repair and maintenance covenants… Read More

Firm pays for £3 Million mortgage blunder

Officetower

A Stafford solicitors firm must pay more than £300,000 in compensation after mistakenly releasing a bank’s funds in respect of a £3.3 million mortgage advance prior to completion and without… Read More

No serious irregularity in shipping arbitration

Ship2

A dissatisfied party to arbitration proceedings in respect of a contract for the sale of a new-build vessel has failed to convince the Commercial Court that the proceedings were infected by serious… Read More

Gypsy matriarch loses planning battle

Caravansite2

A gypsy matriarch who has fought every inch of the way for the right to settle on a plot of agricultural land in Somerset has finally had her case dismissed by the Court of Appeal. The court… Read More

GCSE exam grades not unlawful

RCJ

Thousands of teenagers who fell foul of changes to the way in which GCSE English examination results are graded were treated unfairly - but examination boards and qualifications regulator, Ofqual… Read More

Retailer granted confidentiality injunction

Majestic Wine Warehouse

Leading retailer, Majestic Wine Warehouses Limited, has been granted a High Court injunction against a former employee who emailed its chief executive threatening to harm the company by poaching its… Read More

Employer wins full asbestos indemnity

RCJ

A utilities company which settled a former employee’s mesothelioma claim for £250,000 is entitled to a full indemnity from insurers notwithstanding that the relevant policy only covered six of the… Read More

Caterers win exclusion clause bunfight

Conference

In the context of a multi-million-pound contract dispute, the Court of Appeal has adopted a narrow interpretation of an exclusion clause and rejected arguments that it freed one of the parties from… Read More

Win for sports media company

Footballground

A sports media company that spends £600,000-a-year gathering minute-by-minute information on hundreds of football matches has triumphed in its fight to stop unpaid usage of its database. In an… Read More

Railway widow compensated

Trainseats

A woman from Swindon whose husband died of an asbestos-related disease has won £145,000 in compensation from his former employer. Sheila Simpson brought the case after her husband, Robin, died less… Read More

Google to identify blogger

Google

An orthodox Jewish rabbi who claims that he was seriously defamed on a blog site has won a High Court order requiring search engine giants, Google, to divulge the identities of those who blackened… Read More

Companies face shock property tax

Company prop

It has been announced that the Government is to extend the Capital Gains Tax (CGT) regime on properties held by non-resident companies to UK resident companies as well. The practical effect of the… Read More

Care home dismissal fair

Care home

A nurse who came under investigation after serious failings in the provision of care were uncovered at a North London home for the elderly has failed to convince the Court of Appeal to breathe new… Read More

Buy-to-let fraud claim struck out

Buy-to-let

A buy-to-let investor who alleged that she was induced by fraudulent misrepresentation into the disastrous purchase of a portfolio of seven properties at home and abroad has had her compensation… Read More

Fake hire charges exposed

Crashed car

Claims that thousands of road accident compensation cases were infected by falsified evidence have led to an on-going dispute between the car hire industry and motor insurers that is likely to have… Read More

Wind farm consent blown away

Windmill

Planning permission for a wind farm on the Isle of Anglesey has been quashed by the High Court on grounds that a planning inspector had no jurisdiction to grant it. Pursuant to regulation 9(2) of… Read More

Introduction fee refused

Hotel2

An estate agent who claimed entitlement to a 25 per cent share of the profits made by the builders of a prestige hotel and apartment development – on the basis that he introduced them to the project… Read More

Deceit allegation fails

Wasteland

A developer that failed to win a £70 million contract for the construction of a major sports and arts facility has failed to convince the High Court that it was the victim of deceit and fraudulent… Read More

‘Too many potholes’

Pothole

A road maintenance company that argued its profits on a major public contract were swallowed up by a substantially larger number of potholes than could reasonably have been predicted is not entitled… Read More

"Egregious delay" caused property losses

Crane2

In a ruling which is bound to cause consternation in the construction and associated industries, the Court of Appeal has ruled that falls in property values that coincide with project delays can… Read More

Ex-wife a priority creditor

Beach

The ex-wife of a Russian businessman who is engaged in a ‘titanic struggle’ to make him satisfy her £12.5m divorce award will receive at least a small part of her due following a Court of Appeal… Read More

Historic building claim

Construction2

The scene has been set for a £4.5 million court struggle after the historic facade of a landmark former Methodist chapel in Bradford was seriously damaged whilst it was being converted into luxury… Read More

Closing time muddle

Pub bar

The owner of a public house who failed to pay close attention to his business, putting its day-to-day operation into the hands of an unreliable manager who neglected financial record keeping, has… Read More

Flat dispute hots up

Flat

Developers have been ordered to pay £30,000 into the High Court as a condition of being permitted to defend a claim brought by the buyer of a £1.45 million luxury flat who says that she has been… Read More

New tax deal for gaming machines

Casino

A new regime came into effect on 1 February 2013 whereby tax on machine games will be entirely linked to takings, rather than including a fixed fee element on all machines. Machine Games Duty (MGD)… Read More

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