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Latest News

Tenant Who Did Not Pursue Case Must Pay Landlord's Costs

There is no general rule in First-tier Tribunal (FTT) proceedings that the unsuccessful party pays the successful party's costs. However, Rule 13(1)(b) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 allows the FTT to make an...

FTT Did Not Have Jurisdiction to Determine Rents

Sections 13 and 14 of the Housing Act 1988 provide a statutory scheme for landlords to increase the rent payable under an assured periodic tenancy by serving notice of the proposed increase on the tenant, who may then refer the proposal to the First-tier...

Permission to Appeal Share Valuation Decision Refused

Under Section 11 of the Tribunals, Courts and Enforcement Act 2007 , an appeal to the Upper Tribunal (UT) against a decision of the First-tier Tribunal (FTT) can only be made on a point of law. This was illustrated by a recent decision in which the UT...

Cyber Security and Resilience Bill Expected This Year

The Cyber Security and Resilience Bill, announced by the Government in the King's Speech, is to be introduced to Parliament this year. The UK's existing cyber security regulations, the Network and Information Systems Regulations 2018 , were inherited from...

Court Declines to Strike Out Set Aside Application

When couples are divorcing, mediation is strongly recommended in order to reduce the time and expense involved in court proceedings. This was amply illustrated in a recent case in which the Family Court refused a husband's application to strike out an...

Can Collective Agreements be Rectified? Supreme Court Ruling

Under Section 179(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 , a collective agreement is presumed not to be legally enforceable unless it contains a provision stating that the parties intend it to be so. However, terms in a...

Supreme Court Confirms 'Immovables Rule' in Bankruptcy Case

In a case concerning whether a property in England fell within the scope of a bankruptcy order made in Russia, the Supreme Court has confirmed that, subject to certain exceptions provided for in legislation, interests in land and other immovable property...

Farmer was Bound by Promise to Leave Farm to His Son

The son of a farmer whose final will disinherited him has succeeded in his proprietary estoppel claim and his claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 . For a claim of proprietary...

Annual Increases in Vehicle Benefit Charges

As announced in the Autumn Budget 2024, the van benefit charge and the car and van fuel benefit charges are to increase from 6 April 2025, in line with the Consumer Price Index. The van benefit charge applies where an employer provides an employee with a...

Planned Caesarean in Woman's Best Interests

The Court of Protection recently had to decide whether a pregnant woman had capacity to decide whether or not to undergo a planned Caesarean section and, if she did not, whether the procedure was in her best interests. The 37-year-old woman had been...

FCA Reports Rise in Ownership of Cryptoassets

According to research carried out by the Financial Conduct Authority (FCA), cryptoasset ownership in the UK is rising, with 12 per cent of adults now owning cryptoassets. The average value of cryptoassets held by individuals is £1,842. Those who...

ET Erred in Analysis of Harassment and Victimisation Claims

The Employment Appeal Tribunal (EAT) has found that an Employment Tribunal (ET) erred in law in its consideration of what was required for harassment to be 'related to' a protected characteristic, and also erred in its approach to a complaint of...

Covenant Modified to Permit House's Use as Children's Care Home

The Upper Tribunal (UT) recently granted modification of a restrictive covenant to allow a house to be used as a children's care home . The house was on a small residential estate. All the houses on the estate were bound by covenants restricting their use...

High Court Makes Parental Order in Respect of Baby Boy

When a child is born via a surrogacy arrangement, the legal parents are the surrogate mother and, if they have consented to the arrangement, her spouse or civil partner. The intended parents must apply for a parental order or adoption in order to become the...

Local Authority Reprimanded After Data Protection Breach

The Information Commissioner's Office (ICO) has issued a reprimand to a local authority in respect of a breach of Article 5(1)(f) of the UK General Data Protection Regulation. The local authority had included a spreadsheet in its response to a Freedom of...

Man Awarded Costs Against Brother in Will Dispute Case

A man who successfully challenged his mother's final will is likely to recover the lion's share of his legal costs after the High Court ruled that his brother, who attempted to uphold the will's validity, should pay his costs on the indemnity basis . In...

HSE Publishes Ill Health and Injury Statistics for 2023/24

The Health and Safety Executive (HSE) has published its annual statistics on ill health and injuries in the workplace for the year 2023/24. The number of employees who reported suffering from work-related ill health was 1.7 million. This is broadly...

Right to Manage Application Invalid, FTT Rules

The Commonhold and Leasehold Reform Act 2002 gives leaseholders the right, under certain conditions, to take over the management of the building they live in. When attempting to exercise this right, however, it is vital to comply with the requirements set...

Appeal Against VAT Penalties Partly Successful

A company has succeeded in reducing VAT default surcharges of more than £9,000 after the First-tier Tribunal (FTT) found that HM Revenue and Customs (HMRC) had not demonstrated that a notice in respect of an earlier default surcharge had been...

Share of Maltese Properties Liable to IHT

A deceased man's sister and executor has failed to convince the First-tier Tribunal (FTT) that no Inheritance Tax (IHT) was due on his share of a number of properties in Malta. The man and his siblings had inherited an interest in the properties from...
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