Williamsons Solicitors News Stories

Senior judge laments ‘emasculation’ of legal aid

RCJ

A senior judge has lamented the impact that the ‘emasculation’ of the legal aid budget is having on the administration of justice and expressed the view that any savings achieved by the Legal… Read More

Grass-free beach declared a ‘village green’

Beach

The term ‘village green’ may conjure up to most people an image of a picturesque piece of open grass; however the Court of Appeal has ruled in an important test case that a beach can be regarded as… Read More

Sailor’s widow denied death benefits

Tanker

A widow whose sailor husband disappeared from the deck of a merchant ship in mid-Atlantic will not receive £150,000 in death benefits under his contract of employment after the Court of Appeal ruled… Read More

‘Perverse’ tribunal decision overturned

Laboratory

Where a laboratory worker employed in a safety-critical field frankly admitted falsifying records, his dismissal was fair and a finding to the contrary reached by the lay members of the Employment… Read More

Insurers must pay for damaged machines

RCJ

Cracks discovered in giant waste recycling machines were probably caused in transit as they were transported along rough eastern European roads, the Court of Appeal has ruled in resolving a dispute… Read More

Holiday giant slips up

Pool

A holidaymaker who was knocked unconscious after she slipped on water that had leaked from an air conditioning unit has won £37,000 in compensation from tour operator Thomas Cook. Sylvia McNicholl… Read More

NHS trust wins bunfight

NHS

An NHS Trust which tried to debit more than £80,000 from the remuneration of its private catering contractors in respect of a one-day-old chocolate mousse has nevertheless triumphed in a breach of… Read More

£4.5 million for ‘locked in’ boy

Outpatients

Lawyers representing a seven-year-old boy who has been ‘trapped in his own body’ by devastating birth injuries have achieved a £4.5 million settlement of his clinical negligence claim against the… Read More

‘Fox and Boot’ ruling

Foster&Son

The distinctive 'fox and boot' logo that has adorned the footwear of the rich, powerful and famous for generations sparked an epic High Court struggle between rival shoe retailers. Victory in the… Read More

Court rules on composer’s manuscripts

River Kwai

The resolution of a long-running dispute between the children and carer of Oscar-winning composer, Sir Malcolm Arnold, largely hinged on the interpretation of a brief postcard he wrote to his son… Read More

Wood allergy claim settles

Timber

A former joiner has won a five-figure sum in damages after he developed an allergy to a type of hardwood that could have been fatal. Brian Ogden worked for a joinery firm run by his brother for over… Read More

Chalet owners pay price

Chalets2

In a case which underlines the wisdom of seeking professional legal advice before entering into property transactions, a group of chalet-dwellers are facing a precarious future after the Court of… Read More

Fatal accidents rule compatible with human rights

APIL SL

A mother who was denied compensation after her partner was killed in a workplace accident because their relationship had not subsisted for two years has failed to persuade the Court of Appeal that… Read More

Confidential information ?

RCJ

In circumstances where a worker copied his employer’s documents onto a USB stick shortly before resigning and taking up a new position with a direct competitor, the High Court has set limits on the… Read More

Wincanton breakdown

Wincanton

A lorry driver from South Somerset, made redundant after forty-three years, is now having to contemplate winding-up proceedings to obtain his severance payment. Sixty year old John Parris was made… Read More

Sympathy no defence

RCJ

In rejecting a company’s plea that it was not bound by the terms of an agreement with energy consultants, the Court of Appeal acknowledged that a better deal might well have been achievable but… Read More

Cargo owner must pay 100% overage

Tanker

In resolving a dispute in respect of a shipping contract, the Court of Appeal has ruled that, where a greater quantity of fuel oil was loaded onto a vessel than the minimum amount specified in the… Read More

Assault teacher barred

DBS

A teacher who, whilst suffering from depression and extreme stress, inflicted life-threatening injuries on a 14-year-old pupil, has been barred from working with vulnerable adults, as well as with… Read More

Company director author of own misfortune

Garage

In an important ruling for employers and the insurance industry, a sole director and shareholder who sued his own company after his finger was sliced off in a workplace accident has had his… Read More

HS2 consultation 'unfair’

Railway

The controversial HS2 high-speed rail scheme has suffered a setback after the High Court ruled that the consultation process in respect of compensation to be paid to property owners affected by the… Read More

Fuel terminals review dismissed

Ship canal

A potential clash between one of Britain's biggest regeneration projects and the re-opening of fuel terminals alongside the Manchester Ship Canal came under the High Court spotlight as landowners… Read More

Businessman personally liable for company debts

RCJ

A businessman has been held personally liable for debts of more than $12 million even though he was not a party to the loan agreements which created the debt. The High Court ruled that a letter he… Read More

‘No consensus’ in shipping contract

Tanker3

Arbitrators had no jurisdiction to resolve a contractual dispute between shipping companies because there had never been any binding charterparty between them, the High Court has ruled. A close… Read More

Car park penalties exempt from VAT

Car park barrier

Motorists who receive parking penalties will at least have the comfort of knowing that they will not have to pay Value Added Tax (VAT) on their bills after a Court of Appeal ruling that they should… Read More

Abused chef's compensation 'excessive'

EAT

An army chef who won more than £15,000 compensation from the Ministry of Defence (MoD) after he was racially abused by a sergeant and a civilian contractor has had his pay-out more than halved. The… Read More

Parental leave increased

Mum&pram

Employers are reminded that the amount of unpaid parental leave that can be taken by parents in relation to each child under five years of age (or, in the case of an adopted child, in the five years… Read More

Home owners win insurance test case

RCJ

Householders whose homes were hit by storm and flood damage were reluctantly at the epicentre of a High Court case with crucial implications for the insurance industry but have defeated claims that… Read More

Gypsy festival landowner jailed for contempt

Farmland

A landowner who allowed travellers to use his farm to celebrate a religious festival in breach of a judge’s order has been sentenced to four months’ imprisonment for his contempt of court. Although… Read More

Horse trader faces £600,000 legal costs

Dutch barn

A horse trader who was jailed after RSPCA investigators uncovered an appalling trail of animal cruelty at his Buckinghamshire farm is facing ruin after the High Court rejected his appeal against a… Read More

Compensation for power station worker

Power station

A former power station worker has secured compensation after he developed the asbestos-related disease mesothelioma. The 77-year-old man worked at a power station in the North East between 1964 and… Read More

Waste recycling challenge binned!

Recycling

A group of waste recycling companies has failed to convince the High Court that a European Union directive requiring the separate collection of paper, metal, plastic and glass has been inaccurately… Read More

DIY builder wins VAT rebate

Scaffold

A do-it-yourself (DIY) builder has won his fight for a substantial VAT rebate on materials he used in the construction of his new home. The first-tier tribunal accepted the taxpayer’s argument that… Read More

Commemorative masonry is VAT zero-rated

Cemetery

In a significant decision for cemetery owners, the first-tier tribunal has ruled that urns, vases and plaques put immovably in place to commemorate the dead are zero-rated for the purposes of Value… Read More

Ofcom cap on mobile termination rates

Mobile

A mobile phone company that objected to a change in the method employed by the Office of Communications (Ofcom) to control mobile termination rates (MTRs) – resulting in its revenue from that source… Read More

Leeds win policing costs argument

EllandRd

In upholding a ruling which will require police forces across the country to pick up the enormous costs of match day policing around football grounds, the Court of Appeal has emphasised that it is… Read More

Child heart surgery reforms derailed

Hospitalcorridor

In a decision of enormous significance to the NHS, the High Court has ruled that a decision to concentrate child heart surgery services on seven regional centres was fundamentally flawed. The… Read More

Judge calls for compromise in international dispute

RCJ

The identical combination of three letters in the names of an international network of accountancy and professional services firms and a Philippines bank has sparked a proliferation of litigation in… Read More

Mother may not move abroad

Suitcase

A mother who failed to win permission to move overseas with her children due to the damaging impact on their relationship with their natural father has failed to convince the Court of Appeal that a… Read More

Farmer cannot live in barn

Barn

A farmer has failed to convince the High Court that that he should be allowed to live in a barn on his land for the purpose of tending his livestock. Despite the man’s plea that an adverse decision… Read More

Accused nurse's rights not violated

NMC

In an important ruling for professional regulatory bodies, a mental health nurse has failed to convince the Court of Appeal that his suspension for 18 months pending investigation of disputed… Read More

Top Gear defamation claim crashes

RCJ

The manufacturers of a ground-breaking electric car, the performance of which was criticised in an episode of the popular motoring television show, ‘Top Gear’, have failed to convince the Court of… Read More

Blanket taxi audio-recording policy outlawed

CCTV2

In a decision of national significance, a local authority has failed in its appeal against an enforcement notice issued by the Information Commissioner requiring it to scrap its policy to make taxi… Read More

Tenants' veto on development

Victorian flats

A restrictive covenant entitling long leaseholders of a block of flats to veto building work on an adjoining plot of land has been ruled enforceable, although the High Court has implied a term into… Read More

Supreme Court will consider piercing of corporate veil

Investment property

Seven Supreme Court justices are to consider a landmark ‘big money’ divorce case that has caused huge controversy and exposed a fundamental rift between family and commercial lawyers in respect of… Read More

Foul-mouthed reference to the Pope not harassment

EAT

A Catholic journalist who was upset and offended by a senior colleague’s foul-mouthed reference to the Pope has failed to convince the Employment Appeal Tribunal (EAT) that he was a victim of… Read More

College rightly stripped of overseas students licence

College

A college teaching accountancy and management skills which was stripped of its licence to sponsor overseas students entering the United Kingdom after investigations revealed a number of… Read More

Redundancy or taxable pay?

HMRC

A salesman has failed to convince the first-tier tribunal that a sum he received on termination of his employment was effectively a redundancy payment the first £30,000 of which should have been… Read More

No security of tenure for Percy Park

Park

The occupant of one of Newcastle's best-loved buildings, home to generations of wardens who tended the city’s Nuns Moor Park, has failed to convince the Court of Appeal that he has the right to… Read More

High Court blocks file-sharing websites

RCJ

The UK’s six largest internet service providers have been ordered by the High Court to take steps to block, or at least impede, public access to three popular file-sharing websites which have… Read More

No duty to ‘needlessly prolong dying’

Hospital

In opening the way for a desperately ill but much-loved father-of-three to ‘die with dignity’, the Court of Appeal ruled that doctors are under no duty to prolong human life at all costs nor… Read More

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