Williamsons Solicitors News Stories

Judge’s ‘florid’ language criticised

EAT

The Employment Appeal Tribunal (EAT) has deprecated a tribunal judge’s use of ‘florid’ language and ‘inappropriate hyperbole’ in upholding an employee’s unfair dismissal claim – but nevertheless… Read More

Design Rights in ‘Bondage Frame’ Infringed

In a case which reveals the almost unimaginable range of products that can be the subject of intellectual property disputes, the Patents County Court has found infringement of design rights… Read More

Oil prospectors win green belt challenge

Forest

An oil and gas prospecting company has won its High Court fight to overturn a planning inspector’s refusal of consent for exploratory oil drilling in the Surrey green belt. Europa Oil and Gas… Read More

Hotel owners must pay after gas deaths

Hotel

The owners of a Greek hotel where two British children died from carbon monoxide poisoning are facing claims for more than £5 million in damages after the High Court found that they had breached the… Read More

Court saves meat company threatened by EU ban

Cattle

A meat company that faced being put out of business – with a loss of 40 jobs and £5 million of investment - by Food Standards Agency (FSA) restrictions on the sale of its innovative products has… Read More

Widow stripped of cricket club’s outfield

Cricket outfield

The harsh impact that the principle of adverse possession can have on landowners has been starkly revealed by the extinguishment of an elderly widow’s tittle to part of a cricket club’s outfield… Read More

No compensation for lack of access

Roadworks

If a local council needs to erect a barrier to protect pedestrians and the barrier prevents a property owner from accessing his land by vehicle or parking a vehicle on it, is the landowner entitled… Read More

Internet contempt jurors jailed

FB

In a powerful warning to jurors that the misuse of the internet and social media during criminal trials will not be tolerated by the courts, a juror who discussed his case on Facebook and another… Read More

Employment law changes

Employment

Several important changes to employment law were introduced on 29 July 2013. Compromise agreements have been renamed ‘settlement agreements’ and new provisions (Section 111A) have been inserted into… Read More

Witness immunity in employment cases

School

A former head teacher has won the right to pursue a claim that her local authority employers brought ‘undue pressure’ to bear on a colleague to give evidence against her in proceedings pending… Read More

Chalet tenants cannot escape ‘bad bargain’

Park homes

Holiday chalet tenants who could end up paying their landlord more than a million pounds-a-year have failed in a Court of Appeal bid to escape from their catastrophically bad bargain. Tenants of the… Read More

Longest ever disciplinary violated human rights

Hospital

Two nurses who were found guilty of misconduct by their professional body following the longest recorded set of disciplinary proceedings have been exonerated after the High Court found that their… Read More

Rail objectors head to Supreme Court

HS rail

Objectors to the government’s controversial plans for a multi-billion-pound high speed rail link slashing travel times between London and Birmingham, Manchester and Leeds today failed in their… Read More

Government to appeal in Woolworths case

Woolworths

Having declined to attend, or comment on, the Employment Tribunal proceedings in USDAW v WW Realisation 1 Limited, as he had ‘nothing to usefully contribute about the consultation process between… Read More

Car auction must pay for noise nuisance

Car auction

In a stern warning to businesses that they must respect the sensibilities of residential neighbours, a couple who were awarded damages in respect of noise nuisance emanating from adjoining premises… Read More

Revenue-raising parking charges unlawful

Permitholders

Parking campaigners have won a landmark High Court victory against increased charges which has implications for the rest of the country. A judge ruled that the London Borough of Barnet acted… Read More

Poolside fall compensation agreed

Pool

A woman injured on a Club 18-30 holiday has received a settlement for the foot injury she sustained as a result of  tripping on a step near the swimming pool at her hotel. The area was poorly lit… Read More

Globetrotter overturns $16m bankruptcy

Privatejet

An itinerant entrepreneur has persuaded the High Court that he was wrongly declared bankrupt in respect of a $16 million debt on the basis that he had not ‘carried on business’ in England and Wales… Read More

Developer pays price for VAT evasion

Construction2

In a case which demonstrates that dabbling in the black economy can have crushing financial consequences, a property developer who paid sub-contractors in cash and submitted bogus invoices to the… Read More

Company wins LinkedIn tug of war

LinkedIn

A recent case shows how important it is to make sure that you keep control of the social networking channels created by your employees It involves a company  some of whose employees created LinkedIn… Read More

High Court blocks Premier League pirates

Football2

A mysterious, but enormously popular, website that generates millions in profits by streaming unlicensed coverage of football matches and other sporting events into private homes and pubs has been… Read More

Court guidance to ‘prematurity’ in planning cases

Building

Giving important guidance as to the correct approach to substantial planning applications that may have an impact on the future formulation of land-use policies, the High Court has rejected claims… Read More

Court enforces satellite TV contract

Satellitedishes

In a high-value contractual dispute over the sale of shares in an eastern European satellite television company, the High Court has rejected the buyers’ plea that they were not obliged to pay a… Read More

Humiliated worker pursues personal injury claim

School4

In an important decision which involved re-consideration of the long-standing limits on employees recovering damages for losses arising from the manner of their dismissal, a former primary school… Read More

Fraudster’s wife wins £67,000 for negligent advice

Home

A wife who risked everything she had in her desperate attempt to protect her children and keep her fraudster husband out of jail has won more than £67,000 damages from solicitors who negligently… Read More

Crack down on ‘cash-for-crash’ fraud

Cab

A taxi driver who alleged that he had been badly injured in a road accident will go without a penny in compensation after a judge found that he was implicated in a dishonest conspiracy. The cabbie… Read More

Misconduct uncovered post-dismissal

EAT

Shedding light on the correct approach to cases where evidence of misconduct is uncovered after dismissal, the Employment Appeal Tribunal (EAT) has ruled that it was open to an employment tribunal… Read More

Open justice principle prevails

RCJ

In the context of a commercial dispute, the Court of Appeal has robustly re-affirmed the ‘open court’ principle and ruled that the prospect of reputational damage to companies or individuals can… Read More

Late planning challenge allowed

Steelframe

In a case which underlines the difficulties that can be caused by delay in planning cases, the Court of Appeal has ruled that campaigners opposed to a substantial residential development were… Read More

Tougher sanctions for employing illegal migrants

Passport

The Government is consulting on further measures aimed at making it more difficult for illegal migrants to live and work in the UK. The measures include tougher civil penalties for rogue businesses… Read More

‘Marry in haste, repent at leisure’

Seaside

In a bitter illustration of the truism that love and financial arrangements do not always mix well, a pensioner is locked in legal dispute with his ex-partner in relation to their respective… Read More

Family feud pensioner had capacity to make a valid will

RCJ

In a decision which vividly reveals that not every frailty or mental infirmity will inhibit the making of a valid will, the High Court has rejected arguments that a pensioner’s health problems and… Read More

Transformed mother fails to block adoption

Pushchair

A mother whose chaotic lifestyle of alcohol and drug addiction resulted in her baby daughter being taken from her by social workers when she was just four days old has failed to convince the Court… Read More

Construction dispute costs ‘wagged the dog’

Bypass

In the context of a construction dispute where legal costs bills vastly exceeded the sums that were realistically recoverable and ended up ‘wagging the dog’, the High Court has sent a powerful… Read More

Coach trip settlement

Coach

A pensioner whose hip was shattered whilst on a coach trip to Blackpool has won £150,000 in compensation. The accident happened in 2010, when the woman, who is in her 70s, was going through a… Read More

Indeterminate sentences breach human rights

Prisonsign

The European Court of Human Rights has ruled that a sentence which does not provide any possibility of release is a breach of the human rights of the person convicted. An appeal brought by three… Read More

Gay discrimination case heads to Supreme Court

Lady guests only

A devoutly Christian bed & breakfast landlady who was ordered to compensate a gay couple after refusing to put them in a room with a double bed has failed in an appeal against the decision but has… Read More

Judge’s view of credibility ‘unchallengeable’

Dollars

In emphasising that the purpose of the appellate process is to correct errors of law and that it is only very rarely appropriate to challenge a trial judge’s findings of fact, the Court of Appeal… Read More

Collective consultation – no establishment limit

EAT

Under Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA), employers have a duty to consult with appropriate representatives of employees concerning forthcoming… Read More

Covert surveillance did not make dismissal unfair

CCTV

The Employment Appeal Tribunal (EAT) has ruled that the Employment Tribunal (ET) was in error in finding that an employer’s use of covert video surveillance to check up on an employee suspected of… Read More

Tax on employment-related share options

HMRC

The First-Tier Tribunal has rejected a taxpayer’s appeal against a substantial tax demand notwithstanding his plea that he joined his employer’s capital accumulation plan (CAP) prior to the coming… Read More

Internet titans clash in trademarks dispute

Windows

In a ruling which illustrates that even corporate titans can fall foul of intellectual property laws, Microsoft Corporation will have to re-christen its ‘SkyDrive’ cloud storage service after a… Read More

Court declines jurisdiction in expat divorce

Palm trees

The estranged wife of an expatriate businessman has been left ‘without a penny’ of his fortune after the English courts declined jurisdiction to grant her a divorce on the basis that the former… Read More

Tax evasion - Lough Erne declaration

Superyacht2

Much has been made of the announcement of the 'new order' in policing tax avoidance and evasion following the recent G8 conference. Here is what was agreed... Private enterprise drives growth… Read More

Aerodrome planning battle takes off!

Spitfire

In a case which involved detailed analysis of a planning history going back more than 70 years, the owners of an aerodrome built during the Second World War have failed to convince the High Court… Read More

Care homes win fees battle

Scooter

A local authority’s social services budget has been thrown into chaos after the High Court unleashed a barrage of criticisms of the way in which it set the fees it pays to private care home owners… Read More

Heathrow squatters evicted

Runway

In a judgment of significance to all landowners, the Court of Appeal  has opened the way for eviction of squatters from the likely route of Heathrow Airport’s third runway and given guidance on the… Read More

Forensics blunder may have been deceit

Bullet

In a ruling which limits the scope of witness immunity and threatens to open a can of worms within the criminal justice system, the Court of Appeal (the Court) has opened the way for a miscarriage… Read More

'Golf manager' refused £300,000 tax allowance

Golfcourse2

A father who lost more than £300,000 in managing the careers of his professional golfer sons has failed to convince the First-Tier Tribunal that the deficits should be viewed as trade losses. The… Read More

Generous farm hand knew his own mind

Farm

Drawing a clear distinction between a relationship of love, affection and trust and one involving undue influence, the High Court has ruled that a 'poor and ignorant' farm hand knew his own mind… Read More

Road crash victim wins £14 million

RCJ

Lawyers representing a courageous 17-year-old girl who plans to attend university and forge an academic career notwithstanding catastrophic injuries she suffered in a road accident have achieved a… Read More

Deposits protection warning to landlords

Residential

In a resounding warning to owners of rental properties, the Court of Appeal (the Court) has ruled that a landlord who unwittingly failed to comply with deposit protection rules was not entitled to… Read More

Council slated for indecision

Pathway

In a public indictment of a local authority's dithering, the High Court has slated Derbyshire County Council’s handling of a minor right of way dispute that escalated into an ‘extraordinary saga’ at… Read More

Previous Posts