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Harrow on the Hill , Harrow & Wealdstone Kenton and...
Tel: +44 (0) 20 8864 0111
Fax: +44 (0) 20 8864 4514
DX: 4201 Harrow 1
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July 09
Be Careful What You Claim For
In a recent case, a woman sought damages of £750,000 for back injuries after she was involved in a car crash. She provided evidence for the court in the form of several documents accompanied by signed statements of truth
Careful Driver Not Responsible for Death
An unavoidable collision is the secret nightmare of many drivers, especially one in which death or serious injury results
Divorce and the Downturn
Financial agreements on divorce can take a wide variety of forms and in a time of economic downturn how you choose to divide your assets demands particular thought
Do You Suffer From Miners’ Knee?
Miners’ Knee is a term used for osteoarthritis of the knee, which is a frequent ailment of those who have worked in the mines
Does Right of Access Mean Right to Park?
A case dealing with the parking rights relating to three adjoined houses (all part of a development of older agricultural buildings) has been decided by the Court of Appeal. It has implications for developers of similar properties, such as barn conversions
Duty of Care to Employees – Obvious Risks
Every employer owes a duty of care to its employees, but deciding who is responsible for an accident can be very difficult when the issue is whether warnings against risks should have been given or, if given, were adequate
Employee Share Options – New Trap
If you have acquired shares in a company through an employee option, a recent change may affect you
Equity Will Prevail
In a recent case, the judge ruled that Section 11 of the Limitation Act 1980 should be set aside when it is in the interest of fairness to do so
Friends Fall Out When Agreements Not Formal
“Doing business with friends can be fraught with danger, as a recent case illustrates,” says Richard Caplan
House of Lords Confirms Age of Criminal Responsibility is Ten
The House of Lords has ruled that changes in the Crime and Disorder Act 1998 mean that lawyers who are defending children aged ten years or over who are charged with a crime cannot use the defence that children are incapable of committing a crime
House of Lords Ups the Ante on Asset Confiscation
The House of Lords has allowed a confiscation order against a criminal in a judgment that will come as a blow to others in the same line of business
House Problems – Builder and Structural Engineer Liable
A couple whose new house developed cracks which made it unfit for human habitation recently found the court sympathetic to their claim that this was due to negligence by the builder and the structural engineer, who had failed to ensure that the foundations were sufficiently deep to avoid heave due to the removal of tree roots
Immigration Status – Which Rules Apply?
The rules relating to the right of residence in the UK have been changing rapidly over the last few years, which has led to a considerable degree of uncertainty as to which rules apply in some circumstances
Inability of a Minor to Hold Legal Estate Must Be Expressly Recognised
A recent appeal case highlights the need for local authorities to be specific about the type of tenancy they wish to establish when granting a tenancy to a minor
Is a Child to Blame?
A recent case raised the question as to what extent a child is responsible for his or her own actions
It May Not be Over When it’s Over
The recent and much-publicised Myerson divorce case, in which a city tycoon failed in his attempt to reduce the divorce settlement agreed with his wife, after his shareholdings had plummeted in value, may make divorcing couples with joint assets that may be subject to wide fluctuations in value think very carefully about who gets what
Judge Uses Discretion in Contact Proceedings Case
When considering any question relating to the upbringing of a child, the courts take into account all the child’s circumstances and always attempt to ascertain what would be in their best interests. In a recent case involving a 14-year-old girl, the right of the judge to use his discretion to decide who should be the girl’s guardian was confirmed
New Leases for Tolerated Trespassers
Following a change in the law, a tenant can no longer have the status of a ‘tolerated trespasser’
Past Exposure to Noise Warrants Compensation
It has long been known that exposure to noise can cause hearing loss and the UK now has strict standards for noise exposure, which were tightened up as recently as 2005
Rights of Way – Change Means Pain
When a right of way exists across land and the right of way is obstructed but a new one created, is the original right of way ‘diverted’ or does it remain?
Special Educational Needs
Recently, a woman whose daughter suffers from Prader-Willi Syndrome, a very rare genetic disorder, appealed against a decision made by East Sussex County Council that her daughter did not require a residential special school
Tenancy Deposit Protection Schemes – Landlords Beware
If you are a landlord, it is vital that you are aware of the requirement, introduced in April 2007, that all deposits (for rent up to £25,000 per annum) taken by landlords and letting agents for Assured Shorthold Tenancies in England and Wales must be protected by a tenancy deposit protection scheme
Texting Driver’s Jail Sentence Based on Facts
We all know that it is dangerous to drive whilst talking or texting on a mobile phone and are probably aware that doing so is now a criminal offence. However, for many people this has not acted as a deterrent, as was illustrated by a recent case involving a woman who crashed into another car and killed someone
Unexpected Behaviour Means Harm Not Foreseeable
The decision in a recent case will come as a relief to dog owners. It involved a dog named Hector, a two-year-old Great Dane. Hector had been mistreated as a puppy, which occasionally led him to bark at the sight of strangers. Otherwise, he was a gentle dog
Valid Defence Requires Reasonable Belief
‘Dodgy goods’ seem to be everywhere these days, but for those tempted to deal in them, a recent case will serve as a warning. It involved a market trader in Essex, who was prosecuted by Essex Trading Standards for unauthorised use of registered trade marks in relation to goods
What Happens if I Don’t Make a Will?
If someone dies without making a valid will, they are said to have died intestate. Should this situation arise, the estate and possessions of the deceased person will be divided according to rules set out in the Administration of Estates Act 1925
Will Stands Despite Family Challenge
It is often the case that families consider they are entitled to inherit the estate of a relative, but in most cases people are free to distribute their assets as they see fit
