Wind Turbines and Heritage Buildings
In a case which underlined the special regard that planners must have to the setting of heritage buildings, a local authority has succeeded in its High Court challenge to plans for an 86-metre high wind turbine, which it claimed would…
‘Energy from Waste’ Dispute
A businessman who accused the scientist inventors of an innovative and potentially highly lucrative ‘energy from waste’ process of reneging on their agreement to exploit it through his company has failed to convince the High Court that they violated their…
Income-shifting dividend waivers
Following a recent First-tier Tribunal (Tax Chamber) decision, owner-managed businesses may need to review arrangements for shifting income from higher rate taxpaying shareholders to their lower rate taxpaying spouses if those arrangements involve dividend waivers. The tribunal held that dividend…
IHT Relief on Holiday Lettings Rejected
The door appears to have finally slammed shut on a family’s attempt to obtain Business Property Relief (BPR) from Inheritance Tax (IHT) in respect of a property which had been operated as a furnished holiday letting by their late mother…
Use of Land May Create Irrevocable Rights
When land has been used by someone who has no legal entitlement to use it for 20 years without interruption, an ‘easement’ can arise under the Prescription Act 1832. In principle, an easement gives the legal right to continue the…
Civil Servants Score Age Discrimination Success
Two civil servants who received lower severance payments than younger colleagues would have been entitled to when leaving their posts on a voluntary basis have achieved a resounding success in their age discrimination claims. The men were employed by the…
Race Abuse Compensation Levels
In refusing to increase a £6,000 damages pay-out awarded to an Army chef after he was called a ‘dumb black b***ard’ by a sergeant, the Court of Appeal has underlined the importance of public perception and that victims of race…
Woolworths Collective Redundancy
Under Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992, employers have a duty to consult with appropriate representatives of employees concerning forthcoming redundancies if 20 or more employees are to be dismissed at one establishment within…
Supermarket Not Liable for Attack
In a case which succinctly encapsulated the current state of the law on the vicarious liability of employers, an innocent customer who was savagely attacked by a petrol kiosk attendant on a supermarket forecourt has received the Court of Appeal’s…