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In a case which demonstrates that there is a limit to the duties owed by employers under health and safety legislation, the Court of Appeal has rejected arguments that a local authority was obliged to provide sun cream and a hat for a gardener who worked outdoors (Earl v Middlesbrough Borough Council).  The gardener sued the…

Separated couples should fix their eyes firmly on the future when signing divorce agreements, as was demonstrated in a recent case in which a former soldier, whose ex-wife had ‘spent her share’ after their split, fought off her bid for a slice of his military pension. The High Court found that the couple had struck…

Financial penalties for employers who breach employment law An Employment Tribunal (ET) now has the discretionary power to impose a financial penalty on an employer who is found to have breached a worker’s employment law rights where the breach has one or more aggravating features. The penalty will be 50% of any financial award, with…

Two women who were employed by a care home have succeeded in their Employment Tribunal (ET) claims and been awarded compensation. Ms Tipple, who is a lesbian, had started working for Gainford Care Homes in September 2010. In May of the following year, she helped the managing director of the company, Imran Kaliq, to move…

In a recent case, the High Court ruled that a touring caravan which had been brought onto land and affixed permanently was not a ‘dwelling-house’. The decision came after the owner of the caravan, who had resided permanently in it for six years without a planning application being made or planning enforcement action being taken,…

A recent decision of the Court of Appeal has emphasised the importance of the provision of good quality, relevant evidence in cases involving children. The case concerned a council’s decision to place two children up for adoption against their mother’s wishes. In such cases, the stakes are high as the future of the child, as…

A sad recent case illustrates the wisdom of appointing a professional person to assist when substantial family funds are being administered.  The case involved a disabled woman who received a settlement of £2.6 million in 1999 from Grimsby Scunthorpe Health Authority as a result of negligent treatment at the time of her birth. She suffers…

Pre-nup ruled unenforceable by English court Wife awarded £8m despite pre-nup agreeing to £850k UK government poised to legislate on pre- and -post nup agreements When the marriage of a wealthy Scandinavian couple broke up, the English court had to consider the effect of a pre-nuptial agreement (‘pre-nup’) which they had entered into in their…

It is normal for any building divided into flats to have rules relating to the use to which the flats can be put, as well as other internal regulations. The potential scope of such regulations was tested in a recent case which dealt with whether or not it was reasonable to have a rule that…

The Care Act 2014 was given Royal Assent on 14th May 2014. The Act deals with several aspects of social care and the financing of social care and it is the first law to put a national limit on the amount that a person will have to pay for care. The Act also includes measures relating to increased transparency and quality across the care…

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