Proving that a patient’s death or injury was caused by clinical negligence can be an extremely demanding task, involving minute analysis of technical expert evidence. However, a High Court case concerning a young mother’s death from meningitis showed the full extent of what specialist lawyers can achieve. The woman, who…
Facing a Winding Up Petition? Don’t Delay in Seeking Professional Advice
If a winding up petition is presented against your company, you should immediately seek professional advice. As a High Court case showed, any delay in doing so can have consequences that are both catastrophic and irrevocable. The case concerned a property development company that was wound up at the behest…
Disabled Would-Be Tenant Discriminated Against by Letting Agency
The much-criticised practice of some landlords and their agents of excluding those in receipt of state benefits from obtaining private rented accommodation has been effectively outlawed by a judge’s ruling on the basis that it amounts to indirect disability discrimination. The case concerned an energetic and determined young man…
Company Directors – Take Legal Advice to Avoid Conflicts of Interest
Directors are required to exert themselves in the best interests of the companies they serve and, very importantly, to declare any potential conflicts of interest. The latter duty came under close analysis in a guideline Court of Appeal ruling. The case concerned a former director of an incorporated sports club.…
Uber Drivers Are Workers – Supreme Court Finally Settles the Argument
Tightly defined controls that online private hire vehicle operator Uber exerts over drivers who use its app proved decisive in the Supreme Court’s ruling that they are ‘workers’, as defined by the Employment Rights Act 1996, and are thus entitled to receive the National Minimum Wage, paid leave and other…
Nuclear Incident Risk Places New Town Development in Jeopardy
Private property rights are rigorously guarded by English judges, but even they must take second place to the overriding need to maintain public safety. A High Court ruling on point placed in jeopardy plans to construct 15,000 homes close to the Atomic Weapons Establishment (AWE) in Berkshire. The case concerned…
Businessman’s Conviction Quashed After Trial Judge ‘Enters the Arena’
No matter how heated legal proceedings may become, judges are required to remain aloof from the fray so they can perform the role of open-minded arbiters. That is a demanding standard and, as a Court of Appeal ruling showed, it inevitably cannot be attained by every judge on every occasion.…
Owner of Grounded Luxury Yacht Scores Victory in Insurance Dispute
Following accidents that result in property damage, it is by no means a given that insurers will agree to fund the cost of repairs without question. As a High Court case concerning a damaged luxury yacht showed, however, with the right legal advice there is no reason why they should…
Historic Steam Crane Can Stay on Greenfield Site, High Court Rules
In a country as populous as Britain the planning system is inevitably all about striking a balance between competing needs, desires and points of view. A High Court case on point concerned a building erected in the open countryside in order to provide safe storage for a heritage asset –…
Loan Assignments – Over-Redacted Document Undermines Bankruptcy Claim
Commercial loans are routinely assigned between lenders so that debtors who borrow from one lender often have to pay back another. As an important High Court ruling showed, however, judges will only accept the validity of such assignments on receipt of proof that all necessary formalities have been strictly observed.…