The Employment Appeal Tribunal (EAT) has ruled that poultry workers were not 'working' while travelling from their homes to farms where they carried out their duties and back again, and were not entitled to be paid the National Minimum Wage (NMW) for the...
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An unauthorised mortgage broker and its associates who exploited vulnerable consumers have been ordered by the High Court to pay £4 million to the Financial Conduct Authority (FCA) . The order was obtained against a company that arranged mortgages...
When incurring costs in respect of a property, landlords should consider at an early stage whether these will be recoverable through the tenants' service charges. A right to manage (RTM) company recently failed to persuade the Upper Tribunal (UT) that legal...
The Court of Appeal has overturned a Family Court decision that tibia fractures sustained by a 10-month-old girl had been inflicted deliberately or recklessly by one of her parents. The parents were in a long-standing, stable relationship. The girl had...
A financial services company has succeeded in its appeal against a High Court ruling that it was not entitled to claim ownership of a trade mark registered by an LLP carrying out business on its behalf. The LLP was set up in 2007 as part of the...
The will of a man who married his carer less than a year before he died and left everything to her has been set aside after his daughter challenged its validity. The man was 93 years old when he married his carer, who was then aged 54. Following the...
Where an employee who has made a protected disclosure is dismissed, can the dismissal be unfair if the decision-maker is merely aware that the employee has made a disclosure, or is some understanding of the details of the disclosure required? That question...
Under Article 5(3) of Regulation (EC) 261/2004 (Regulation 261), an airline is not obliged to pay compensation where flights are delayed or cancelled due to 'extraordinary circumstances' which could not have been avoided even if all reasonable measures had...
In a case that illustrated the complexities of IR35 (also known as the intermediaries legislation), the Upper Tribunal (UT) has remitted the question of whether a TV and radio presenter provided his services as an employee for reconsideration by the...
The Upper Tribunal (UT) recently ruled on an appeal against a decision of the First-tier Tribunal (FTT) that a sign saying there was no public right of way over a staircase did not prevent a private right of way being acquired over it. The staircase had...
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