The ET has heard an interesting case regarding striking out. The case summary is as follows: ‘Following her dismissal for the given reason of gross misconduct the claimant in the employment tribunal brought wide-ranging legal complaints. At a preliminary hearing the tribunal struck out all of the complaints on various bases. The claimant appealed and …
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The FTT has heard a case regarding a point of significant interest to landowners and developers involving the operation of principal private residence (PPR) relief for CGT. The case is fact-specific and the FTT allowed the taxpayer’s claim for PPR from CGT where the taxpayer has entered into an agreement with a developer to carry …
The ET has heard an unusual case in that it involved a wage bill of some £11m. While it is fair to say that most wage deduction claims will not involve such eye watering sums, employers should take note. The press summary is as follows: ‘This is a first-instance decision in a claim brought by …
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Practitioners advising on deputyships are reminded that all their applications must now be made online, or risk financial penalties. The requirement came into effect on 4 December 2024 and practitioners should by now have received a notification from HMCTS informing that applications are to be submitted via the gov.uk digital portal. Court of Protection Practice …
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The SC has heard a case in which it overturned a CA decision relating to the Contracts (Rights of Third Parties) Act 1999. The decision is of significance to employment lawyers but has wider commercial application. The case summary is as follows: ‘Background to the Appeal The issue in this appeal is in what circumstances …
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The SC has heard a case involving rectification of collective agreements. The press summary states: ‘Background to the Appeal This appeal raises questions about whether it is possible to rectify the written record of a collective agreement which is not a legally enforceable contract and whether contracts of employment which incorporate the terms of such …
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By tearing up a will or otherwise destroying it intentionally, a testator can revoke their will (s20 WA 1837). A recent case concerned whether T had sufficient mental capacity to make a deathbed revocation of her will by tearing it three quarters of the way through. Her solicitor helped her tear through the rest of …
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The CA has heard an appeal concerning two issues arising out of a worldwide freezing order (‘WFO’) made by Bright J against the appellant, Ms dos Santos: (1) the meaning of the ‘good arguable case’ element of the test required for the grant of a freezing injunction and whether (whatever the test) the judge was …
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The family court transparency pilots now encompass public and private law cases in the magistrates’ court across all 19 pilot areas. From 4 November 2024, accredited media may now report on such proceedings, subject to strict conditions on anonymity. Magistrates will make transparency orders limiting what can be reported. Practitioners should also note that the …
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This case involved a family, two farms and promises made to one of the sons that he would inherit a farm. His parents (both now deceased) bought both farms during their marriage and owned them in equal shares. After agricultural college, RA worked with his parents in their farming business, overseeing operations at one of …
Continue reading “Proprietary estoppel – new will unconscionable”