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Can Dismissal Without Any Disciplinary Process Ever Be Fair?

Can a dismissal ever be fair if formal disciplinary procedures are dispensed with? A tribunal addressed that issue in the case of a senior railway company employee who was sacked on the spot following a breakdown in relations with her line manager ( ...

Independent Legal Advice Proves Decisive in Family Inheritance Dispute

Just because someone is old, frail and vulnerable does not mean that they are incapable of understanding the contents of their will. However, as a High Court ruling in the context of a bitter inheritance dispute showed, the benefits of professional advice...

Architect Who Left the Door Open Not Liable for Catastrophic Cinema Blaze

The first step in proving negligence is to establish the existence of a duty of care. A High Court case in which a firm of architects was cleared of liability in respect of a catastrophic fire provided a prime example of that principle in operation. An...

Ignorance of the Law Is No Defence - Or Is It? Child Benefit Tax Ruling

HM Revenue and Customs (HMRC) must publicise changes in the tax regime and taxpayers are not obliged to go rooting around its website in an attempt to keep up to date. The First-tier Tribunal (FTT) made that point in finding that a father had a reasonable...

British Gymnastics Scores 10 Out of 10 in Trade Mark Infringement Dispute

Not everyone is particularly observant or attentive and the names of businesses and other organisations do not have to be identical in order to sow confusion in the public mind. The High Court made that point in upholding a trade mark infringement claim ...

COVID-19 and Parental Contact With Children in Care - Guideline Ruling

How, if at all, is the duty of local authorities to allow children in their care reasonable contact with their parents affected by social distancing rules arising from the COVID-19 pandemic? The Court of Appeal confronted that issue in a guideline case . ...

Which Nation's Laws Apply to International Flights - High Court Guidance

As international airline passengers lounge comfortably in their seats, the last thing on their minds may be the legal system that applies to the aircraft at any one time as it passes through the airspace of one nation after another. That question was,...

Homelessness and the Need to Make Use of Vacant Investment Properties

Amidst widespread homelessness, owners of investment properties who allow them to stand empty for extended periods can find themselves on the receiving end of compulsory purchase orders (CPOs). Exactly that happened in a case concerning a desirable...

Ambiguity in Widower's Poorly Drafted Will Results in Family Stalemate

The whole point of engaging a professional to draft your will is to make your wishes clear in precise and unambiguous terms. If your will falls below that high standard the result, as a High Court ruling showed , can be family stalemate after you are gone. ...

Privacy v Public Justice - Transgender Claimant Wins Anonymity Order

It is a fundamental feature of any free society that justice must be done in public, but how does that principle sit with the right of individuals not to have sensitive details of their private lives exposed to the public glare? The Employment Appeal...
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