Forestry Management and ‘Public Open Space’
In a ruling which helps to define the concept of ‘public open space’, the High Court has rejected a challenge to a tree preservation order (TPO) brought by the owners of a landed estate who
Fresh Hope for £1.6 Million Bank Debt Developer
The Court of Appeal has come to the aid of a landowner who is facing a £1.6 million debt claim in respect of a residential development that reached completion just as the property market collapsed.
Importer Faces ‘Anti-Dumping Duty’ on Bicycle Seats
In a cautionary tale for international traders, an importer of child bicycle seats from China has been held liable for thousands of pounds in additional import duty and VAT after the Upper Tribunal (UT) ruled
Empty Properties Charity Refused Business Rates Relief
In a test case decision which draws a clear distinction between the ‘occupation’ and ‘use’ of commercial property, the High Court has ruled that a charity which leased empty buildings nationwide at peppercorn rents, installing
Validation Orders Not to be Used to ‘Buy Time’ for Debtors
In the context of winding up proceedings, the High Court has emphasised that applications for validation orders under section 127 of the Companies Act 1985 are not to be used to ‘buy time’ to pay
Gay Black Police Officer Triumphs in Discrimination Claim
A police officer is due substantial compensation after the Employment Appeal Tribunal (EAT) upheld a ruling that he was discriminated against, harassed and victimised in the workplace. The officer, who is of mixed race and
Standard Grain Shipping Contract Term Interpreted
In a ruling which gives useful guidance on the interpretation of a standard term incorporated into many grain shipping contracts, the High Court has rejected a seller’s plea that it was excused from performing its
No Compensation for Northern Rock Investors
Investors who lost billions of pounds when Northern Rock was nationalised to save the banking system from collapse will go without a penny in compensation after the Court of Appeal ruled by a majority that
Tribunal Defines ‘Payment’ in VAT Context
A businessman has succeeded in overturning a £500,000 VAT assessment on the basis that it was issued outside the three-year time limit set out in section 80(4) of the VAT Act 1994. In ruling on
Using ‘Free’ Photos from the Internet? – Beware!
The dangers of downloading and making use of apparently ‘free’ photographs and other potentially copyright material from the internet have been amply illustrated by a case in which a professional photographer sued a nightclub that