Social Housing Company Cleared of Age Discrimination
In the context of a redundancy process in which workers competed with each other to keep their jobs, it was reasonable for the employer to expect that each of them would look after their own
Restrictive Covenant Amended To Enable House Building Plans
Covenants restricting the use of land commonly appear on title deeds, but they often date back many years and take no account of changing circumstances. A tribunal’s ruling, however, has shown that they are not
Rain Is Inevitable But the Damage It Causes is ‘Fortuitous’
As anyone who lives in England knows all too well, rain is inevitable. However, in an important decision for the construction and insurance industries, the High Court has ruled that damage caused by heavy precipitation
Commercial Disputes Move Fast But Judges Can Hold the Ring
Commercial disputes can move very fast but the High Court has power to hold the ring and ensure that no irreversible losses are suffered pending a resolution. Exactly that happened in one case concerning a
Kit Kat Shape Cannot Be Trade Mark, Rules Court
The long-running ‘chocolate wars’ between Cadbury and Nestlé over the shape of the Kit Kat has led to a judgment today from the Court of Appeal. The case resulted from an attempt by Nestlé to
Buying a Home Together? Do The Title Deeds Reflect Your Contributions?
Loving couples often contribute together to the cost of buying a home. However, if legal advice is unwisely dispensed with, such arrangements are often not recorded on title deeds and, as one tribunal case showed,
Does Your Insurance Cover What You Want It to Cover?
There is no point taking out insurance policies that do not meet your needs and it is well worth taking professional advice to ensure that they are tailored to you. The issue was highlighted by
Minority Shareholders in Troubled Cosmetics Group Triumph
Fallings out between shareholders can be particularly divisive where no one person has a controlling interest in the company concerned. However, as one Court of Appeal decision showed, the outcome will usually depend on an
Planning Decisions Must Be Consistent and In Line With Published Policy
The Secretary of State for Communities and Local Government has broad planning powers, but he has to exercise them consistently and in accordance with his own published policies. The High Court powerfully made that point
Bid for Sporting Glory Not Commercial or Profit Driven Tax Tribunal Rules
Losses suffered in trade can generally be set off against Income Tax liabilities, but the trade concerned has to be genuinely commercial and carried on with a view to profit. A tribunal made that point