Buying a business can be a risky undertaking. Even if the normal due diligence work is done with great care, sometimes there can be skeletons in the cupboard, which can emerge to your detriment. It is a particularly risky business when the vendors are less...

Pleural plaques are small, localised areas of pleural thickening on the membrane covering the lungs, caused by the inhalation of asbestos fibres. Pleural plaques are in themselves benign but their presence is associated with an increased risk of developing...

On 1 October 2007, Lasting Powers of Attorney (LPAs) replaced Enduring Powers of Attorney (EPAs). Since that date, it has no longer been possible to create a new EPA, although those already in existence remain valid. According to the Office of...

When a person is fatally injured, it may be possible to make a claim for compensation under the Fatal Accidents Act 1976 (FAA). When the accident is the fault of another person, it is also normally possible to claim damages from them. In these cases the...

Divorce can be a messy business at the best of times but following a recent ruling looks set to become yet even more complex. A couple from Gloucestershire divorced after 11 years of marriage. They had no children. The ex-wife...

The Government has recently raised the guarantee on deposits to £50,000 (from £35,000), but what does this mean for a business with substantial cash balances? The Financial Services Compensation Scheme (FSCS) is designed to...

Many legal actions involving wills are based on the claim that the person making the will (the ‘testator’ or ‘testatrix’ in legal terminology) was not competent to execute it or on the allegation that that they were under...

The Health and Safety Executive has updated its website on managing occupational health risks in the construction industry, providing new information for Construction Design and Management coordinators (CDMs). The website gives information for CDMs,...

A study by accountants BDO Stoy Hayward has found that business fraud is up by over 70 per cent compared with last year and they estimate the cost of business fraud is now more than £700 million a year. Management fraud accounts...

To most people, ‘dwelling’ is just a fancy term for ‘home’ or possibly ‘house’. However, the difference in the meaning of words is a common source of legal dispute, as was illustrated in a recent case that also has...

A recent case shows that the courts can come down hard on those who fail to manage their cases efficiently and shows the dangers inherent in 'DIY law'.. The case involved a straightforward claim for damages against a riding school...

Nowadays, it is becoming less and less common for business to be transacted ‘on a handshake’ and a recent case highlights the dangers of failing to get formal documentation in place to confirm the terms of an agreement. The...

Since the introduction of the Employment Equality (Age) Regulations 2006, the enforced retirement of an employee who is below the age of 65 has generally been unlawful, unless it can be objectively justified. The Regulations provide for a default...

If you are buying or selling property, having an 'understanding' of what covenants are meant to mean is no substitute for making sure the covenant is correctly worded  - as a recent case illustrates. The case concerned a property was...

In divorce proceedings, it is usual to make a full disclosure of assets and future financial prospects when agreeing the financial settlement. Failing to do so can cause a legal battle, as a recent case illustrates. It involved a couple...

Under EU law, agents have a degree of protection which mere resellers do not. For example, when an agency is lost, the agent is normally entitled to compensation from the principal. This does not apply where the relationship is one of a supplier and...

The Inheritance Tax (IHT) implications of owning a second property should never be forgotten, especially when that property is abroad, when the IHT regime of the other country will also be a consideration. The harshness of the IHT...

Landlords will breathe a sigh of relief following the recent reversal of the much-reported Scottish and Newcastle v Raguz case. It dealt with the requirement for landlords to serve notices on former tenants on each outstanding payment date...

Robert Gaines-Cooper, a Seychelles-based businessman, has lost his appeal against a decision of the Commissioners of Tax that his  connection to the Uk and numerous visits here were frequent enough for him to be resident here, based on the...

According to a recent report, company receiverships (where a bank appoints a receiver to run a company in order to protect the banks position) are up by more than 150 per cent this quarter compared with the same quarter last year. The result...

HMRC have issued new guidance on nil-rate transfers (transfers of the unused Inheritance Tax (IHT) nil-band to the surviving spouse or civil partner) - which will come as a relief to those caught up in the complexities of the process, which is by...

HM Revenue and Customs (HMRC) have always taken a dim view of claiming expenses without complete documentation , so this has been a perennial problem area. However, the reality, as every businessperson knows, is that maintaining complete and...

Motorists who kill while avoidably distracted at the wheel will face prison under new road safety laws which came into force on 18 August 2008. Section 20 of the Road Safety Act 2006 (RSA) creates a new offence of causing death by...

The Court of Appeal has issued a ruling which will be unwelcome to social landlords that allow tenants in arrears to become ‘tolerated trespassers’, when a possession order is suspended because the tenant is paying off the arrears of rent which...

The Government has announced its intention to amend the law so that tips can no longer count towards payment of the National Minimum Wage (NMW). All workers are entitled to receive the minimum hourly wage. However, bars and restaurants...