Latest News

Breach of Contract Claims Must Go to Trial, Court Rules

The Intellectual Property Enterprise Court has refused applications to strike out two claims for breach of contract, or alternatively for summary judgment on the claims, concluding in each case that the claim must go to trial . The claims involved two...

Lack of Funds Not Reasonable Excuse for Late Payment of Tax

The First-tier Tribunal (FTT) has found that a man who delayed payment of tax because he was waiting to receive the proceeds of a share sale did not have a reasonable excuse for late payment. The man's tax liability for the relevant tax year was...

Debt Advice Company Fined for Unsolicited Texts

Businesses that rely on data supplied by third parties for marketing purposes should undertake timely due diligence to ensure that the necessary consent for such use has been obtained. The consequences of failing to do so were demonstrated recently when the...

Court Declines to Order Girl's Return to USA

The Family Division of the High Court recently refused an application for a 13-year-old girl's summary return to the USA , in a decision in which the girl's own objections to returning were a key consideration. The girl's American mother and British father...

Second Early Conciliation Certificate Did Not Extend Time

The Employment Appeal Tribunal (EAT) recently ruled that an Employment Tribunal (ET) claim brought nearly three months after the issuing of an early conciliation certificate was out of time, notwithstanding the fact that a second early conciliation...

Reasonable Financial Provision Cannot Include Success Fees

Under Section 58A(6) of the Courts and Legal Services Act 1990 , a success fee payable as part of a contingent fee arrangement cannot be included in costs payable by the other party in litigation. The Supreme Court recently ruled on whether Section 58A(6)...

Warehouse Conversion Qualified for BPRA

The First-tier Tribunal (FTT) has found that work undertaken by a company to convert a warehouse into a car showroom qualified for Business Premises Renovation Allowance (BPRA), a 100 per cent tax allowance available between 2007 and 2017 on qualifying...

Tenants 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...
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