As relationships and working arrangements change, self-employment can morph into an employment relationship over time. Exactly that happened in the case of a live-in agency carer who worked 12 hours a day for the same client for over three years. The agency for which the
Judicial separations, which recognise the breakdown of marriages without formally bringing them to an end, are nowadays relatively rare. However, as the High Court made clear in a ‘big money’ case, they should never be confused with divorce. A former couple aged in their 70s
In an increasingly health-conscious world, eating habits have changed dramatically and the First-tier Tribunal (FTT) took that into account in ruling that an egg-, dairy- and gluten-free brownie should be classified as a cake for VAT purposes. The ruling entitled the product’s manufacturer to a
Official decision making is frequently imperfect, but judges will only intervene if errors made have a real impact on the final outcome. In a case exactly on point, the High Court upheld planning permission for a major regeneration project despite having identified a mistake in
Non-solicitation and non-compete covenants in employment contracts impinge on workers’ personal freedoms and, as a High Court case showed, examples that are unclear or too broad in their effect are highly likely to be declared unenforceable. That is one very good reason why professional drafting
The modern phenomenon known as ‘cuckooing’ – whereby drug dealers set up shop in the homes of vulnerable householders – poses an increasing problem for social housing providers. However, as a High Court case showed, judges are willing and able to take firm action to protect the
Those who fail to make reasonable provision for their dependants in their wills can have their wishes overridden by judges after they are gone. However, in one case, a woman failed to increase her share of her aristocrat father’s £1.3 million estate after a judge
Where a company defaults in meeting its tax obligations, its directors may in certain circumstances be held personally liable. However, as an instructive decision of the First-tier Tribunal (FTT) showed, HM Revenue and Customs (HMRC) face an exacting task in piercing the corporate veil in
The fairness or otherwise of pre-nuptial agreements continues to be a burning issue in English divorce cases. However, in a guideline decision, the Court of Appeal has made clear that their enforceability frequently depends on whether they make reasonable provision for dependants, particularly children. The
Byways and green lanes are part of the glory of the English countryside, but walkers, equestrians and cyclists do not always live easily with off-road vehicles that are also entitled to use them. However, as a High Court case showed, they are generally open to
