Eyewitness Evidence Preferred to That of Experts
When a car hits a pedestrian, it is usual for the driver of the car to be held to be at fault, but this is not always the case. When a man sprinted across a dual carriageway and was struck…
Evidence Sufficient to Defeat Challenge to Will
A recent Court of Appeal case shows how important it is to carry out procedures properly in order for a person who clearly has impaired mental capacity to create a will that can withstand legal challenge. It involved a will…
Cars Leased to Employees are Income Tax Free, Court Rules
Although the way in which benefits of employment are taxed is relevant to millions, it is an intensely complex field which only a specialist can be expected to understand. One Court of Appeal case which proved that point involved a…
Employers – Workers’ Bonuses Must Be ‘Fair and Reasonable’
Employers often go to great lengths to ensure that they retain complete control over workers’ entitlements to bonuses. However, one important case has underlined that such discretions must be exercised reasonably and fairly and that even the most tightly drawn…
Employment Judge’s Acerbic Comments Overstepped the Mark
Judges are required to be, and to appear to be, impartial. However, in one very rare case, an employment judge was found to have descended into the arena of dispute, making a series of unwarranted comments which put a lawyer…
The National Living Wage
Employers are reminded that a new statutory minimum rate of pay, the National Living Wage (NLW), applies to workers aged 25 and over from 1 April 2016. The NLW replaces the current National Minimum Wage (NMW) rate for these workers…
Victory for Asthmatic Warehouse Worker Required to Work on Top Floor
An asthmatic warehouse worker who had difficulty climbing stairs, but was required to work on the building’s top floor, has won the right to compensation on the basis that reasonable adjustments had not been made to cater for her disability…
Fresh Hope for Epileptic Supermarket Worker in Disability Discrimination Case
A supermarket worker who was sacked after behaving aggressively towards his line manager has won a fresh opportunity to prove that he was suffering an epileptic fit at the time and that his dismissal amounted to an act of disability…
Are Your Children Your Tenants? – Sign a Lease
Parents often let their children live in properties they own on an informal basis. However, one Court of Appeal case stands as a stern warning that the absence of a tenancy agreement can make them liable for any misbehaviour by…
High Court Stamps on Online Trade in Fake Luxury Goods
In popular myth, the Internet is as lawless as the Wild West – but one important High Court case has strikingly revealed that the law can take very effective steps to block wholesale infringement of valuable trade marks online. The…