Collecting debts can be a long and arduous process, but bankruptcy proceedings are often an effective means of bringing matters to a head. That was certainly the case where one businessman tried, but failed, to avoid bankruptcy in respect of a judgment debt totalling more than £16 million. He ran a professional firm and had…
Any good family lawyer will tell you that the best way of minimising the expense and stress of divorce proceedings is to be straightforwardly honest. The point was well made by a case in which a successful property developer paid heavily for his misguided attempts to deny his ex-wife a just settlement. During their 25-year-marriage,…
Busy Courts and Tribunals do not wait on your convenience and a failure to engage in proceedings can result in your claim being struck out without a Hearing. Exactly that happened to one worker who chose to fight his employment case without the benefit of legal advice. Following his dismissal, the man lodged numerous, unfocused,…
You are entitled to object to your neighbours’ building plans, but wise homeowners always seek professional legal advice before doing so. In one case, a homeowner (“Objector”) who opposed construction of an extension to a neighbouring property ended up being ordered to pay his neighbours in excess of £20,000 in damages. The Objector believed that…
It is nearly always unfair to dismiss employees without affording them a right of appeal. The Employment Appeal Tribunal (EAT) made that point in the case of a pizza restaurant employee who was sacked in the mistaken belief that his right to work in the UK had expired. The competent, capable and well-regarded worker was…
The Law requires that commercial contracts are interpreted on the basis of the words actually used and it is illegitimiate to apply hindsight in order to achieve what might be viewed as a fair outcome. In an important decision in an employment case, the Court of Appeal found that a Judge fell into precisely that…
Workers who disclose information in the public interest are entitled to protection as whistle-blowers – but what exactly qualifies as ‘information’ within the meaning of the Employment Rights Act 1996? The Court of Appeal has considered that issue in a guideline case. What happened? A local education authority employee claimed to have suffered detrimental treatment…
Many employees, particularly in the care industry, are required to sleep in overnight at or near their workplaces in order to provide assistance if needed – but are they entitled to receive the National Minimum Wage (NMW) for hours spent in slumber? The Court of Appeal has tackled that issue in a guideline ruling. The…
Two reasons why you should always seek legal advice before launching employment proceedings are; that strict time limits apply and that a failure to properly focused your claims at the outset can results in all or some of them being dismissed without a hearing. A case concerning a Sales Executive who was dismissed shortly after…
Every sensible business owner is aware that today’s trusted employee may become tomorrow’s competitor. However, as a High Court ruling showed, with the right legal advice and professionally drafted employment contracts, powerful steps can be taken to discourage disloyalty. The case concerned a company that specialised in providing sports-related tours and holidays. Following a breakdown…
Dependent spouses are entitled to have their reasonable financial needs met if their marriages end in divorce – but what happens if those needs are increased by their own unwise investment choices? The Supreme Court addressed that issue in an important test case. Following the end of a 15 year marriage, a divorce settlement was agreed…
If you are facing disciplinary proceedings at work, it makes sense to contact a Lawyer straight away. The point was made by one case in which a Judge came into the aid of a Consultant Psychiatrist who faced accusations of gross misconduct after a young prison inmate hanged himself. The Psychiatrist worked part time at…
“A new commercial premises for your business is a huge financial commitment but can be an exciting step in further developing your business. As a Landlord, a good long term tenant can provide you security of income for many years. However, when things go wrong the costs of resolving a dispute can be substantial. So…
The Law does not require children to be wrapped in cotton wool and recognises that play facilities must be thrilling as well as healthy. However, as a High Court decision showed, that does not mean that it is acceptable to expose youngsters to reasonably foreseeable risks without adequate warning. The case concerned an inflatable structure…
An application was made to the Court of Protection for retrospective approval of gifts and payments for voluntary care by the attorney under an enduring Power of Attorney. The incapacitated person at the time of the application was 95 years old and suffering from advanced dementia and was living in a residential home. The applicant…
A 16 year old boy whose mother died after a piece of plastic tubing was left inside her following a hear operation will at least receive a financial start in life after his Lawyers negotiated a £50,000 settlement of his unique Clinical Negligence claim. The mother suffered from a congenital heart defect and had gone…
Pregnancy and child birth should be a very special and exciting time in any woman’s life. With over 696,000 births being recorded in 2016 in England and Wales, any woman would expect their local NHS to be well trained, equipped and prepared for the pregnancy and delivery of their baby. Rising statistics can only suggest…
Whether it’s some lose change or funds towards a larger purchase the majority of us have at some point leant or been leant funds from a friend or family member. Whilst the majority of these transaction are of small value and easily written off, larger transactions can easily lead to disputes that may damage relationships….
In May 2018, Jeremy Hunt admitted that 450,000 women across the UK were not invited to final breast screenings between 2009 and 2018. Mr Hunt confirmed that a technical issue had occurred which dated back to 2009 and was only noticed in 2018. Only women between the ages of 68 and 71 were reported to…
Self-employed or worker? There can hardly be a more burning issue in Employment Law and, in upholding a Plumber’s claim that he fell into the latter category, the Supreme court has impose vital restraints on the so called ‘gig economy’. The man was one of a bank of plumbers that provided their services to…
Awards of compensation in some of the most serious clinical negligence cases can appear very large to the uninitiated. However, as one High Court case showed multi-million-pound pay outs are readily explained by the galloping costs of professional care and ever increasing life expectancies. The case concerned a nine-year-old girl who developed severe jaundice soon…
Employers who do not have robust procedures in place for investigating incidents of alleged staff misconduct frequently pay a heavy price. That was certainly so in one case in which a shop manager who was sacked after being unjustifiably accused of theft won more than £20,000 in compensation. The woman was alleged to have taken…
The 2018 Fédération Internationale de Football Association (FIFA) World Cup commences on Thursday 14th June with a match between Russia and Saudi Arabia that kicks off at 4:00pm UK time in the Luzhniki Stadium in Moscow. Employers who have not already done so should ensure they have policies in place to deal with any issues that…
This week is Mental Health Awareness Week (14-20 May), and this year the Mental Health Foundation is focusing on stress. Whilst not a mental health problem in itself, stress can lead to depression, anxiety and other mental health problems. According to the Foundation, one in four people will experience a mental health problem at some…
Those who suffer unlawful discrimination in the workplace are entitled to be compensated for injury to their feelings and, following an important Court of Appeal decision, such awards will henceforth be tax free. The case concerned a company director, aged in his mid-50s, who claimed that he had been selected for redundancy due to his…
Despite any number of cautionary tales appearing in the press and elsewhere, many unmarried cohabitees unwisely persist in buying properties together without taking legal advice. In one case, a woman found out the hard way how difficult it can be to prove your rights if your name is not on the title deeds. The woman…
When an operation goes seriously wrong and a personal injury claim is made, the issue of ‘informed consent’ can be critical. Whenever an operation is performed, consent must be given, because all surgery does carry some clinical risk. Clearly, such consent must be given on an informed basis: weighing up the risks and potential benefits…
Failing to pay staff the National Minimum Wage stores up serious financial trouble for the future and employers who do not understand the Law will be stung with a longer tail following a Tribunal’s guideline decision. The case concerned a Head Porter, employed by a Property Management company, who had for well over a decade…
The latest statistics show that the Court of Protection’s workload is growing at a rapid pace. There were 38,945 orders made under the Mental Capacity Act in 2017 which was an increase of nearly 50% in 2016. Over a third (40%) of the orders made related to the appointment of a deputy for property and affairs. The…
Introducing Laurence Lucas, Commercial Property Partner here at Tayntons. Laurence is joining Tayntons with a wealth of experience and knowledge within Commercial Property, having specialised in this area of Law since 2000. He has lived in Gloucester for over 20 years and is a Governor at High School for Girls in Denmark Road. “Tayntons has…
April 2018 brings changes to the Tax on Termination Payments Following consultation by the Government from 6 April 2018 changes will come into force in the way termination payments are treated in regards to tax. Payments in lieu of notice (PILON) As it currently stands if you do not have a contractual PILON any payment…
It is hardly surprising that anyone suffering from cancer is deemed to be disabled under the Equality Act 2010 – but what exactly is cancer? The Employment Appeal Tribunal (EAT) considered that issue in an important test case. The case concerned a catering worker who, after noticing a blemish on her cheek, was diagnosed with…
A massive thank you to everyone who came to our first Curry Club of 2018! It was great to see so many of you and welcome some new faces. There are lots of exciting developments and ventures taking place in Gloucester this year and Curry Club is a great opportunity to keep in touch with…
The wording of even widely used insurance policies is often not as neat and elegant as it should be and that is why judges are so frequently called upon to resolve issues of interpretation. One example concerned a medical company’s multi-million-pound claim on its insurers in respect of more than 700 unnecessary, inappropriate and negligent…
How well did we fair in Mark Cummings County Quiz? This week Tayntons appeared on Mark Cummings County Quiz on BBC Radio Gloucestershire. Our team consisted of James Melvin-Bath, Laurence Lucas, Lucy Watson, Melanie Hull, Ruth Pendell and an appearance from Janine Guthrie on Thursday. Tayntons have been in business for over 160 years and…
Dysfunctional relationships between adults cause emotional harm to children and family judges sadly often have to pick up the pieces. In one case, the relationship between a mother and a maternal grandmother was so toxic that the mother’s teenage daughter had to be placed in foster care against her own wishes. The girl had been…
The distinction between employment and self-employment is perennially difficult to draw but, as one case concerning a senior property professional showed, tribunals are used to looking beneath the surface in order to ascertain where control in a relationship really resides. A highly paid Project Manager of major land deals had given in his notice and…
Family judges deal on a daily basis with the consequences of social breakdown and, in every case in which children are involved, their welfare is the primary concern. That was certainly so in one case in which the High Court ruled on the future of a two-year-old boy whose father was aged just 14 when…
You may have seen in the news that if you registered a Lasting Power of Attorney (LPA) between 1 April 2013 to 31 March 2017, you can apply for a refund of part of your application fee. This is the amount that you would have paid to register your LPA. The refund scheme applies to…
Determining the true reason for an employee’s dismissal is one of the hardest tasks undertaken by Employment Tribunals (ETs). That was certainly so in one case in which a school’s head teacher was accused of having an ulterior motive for dispensing with the services of its veteran maintenance manager. Concerns had been raised that a…
As any lawyer will tell you, the consequences of lying under oath in court can be very serious indeed. In one case, an accountant who forged his dead mother’s will in an attempt to get his hands on her stake in the family’s £160 million business had his reputation ruined and was sentenced to 12…
In an extremely rare wrongful birth case, a woman who would have terminated her pregnancy had she been aware that her son would be born gravely disabled has won a record £9 million in compensation from a negligent GP. The woman was aware that haemophilia ran in her family and had attended her local surgery…
Restrictive covenants in employment contracts involve the imposition of restraints on employees personal freedom and have to be reasonable to be enforceable. In one case, the High Court ruled that a clause in an engineers contract that prevented him from working for competitors for 12 months passed that test. The engineer worked for a company…
Our last Curry Club of 2017 took place on 1st November and was a fantastic turn out. It was great to see so many of you there! Paul James of Gloucester City Council was our guest speaker and provided a thoroughly informative speech. Gloucester has some fantastic regeneration projects taking place at the moment and in the…
The growth of the private residential sector along with legislative changes such as; right to rent and the mandatory use Tenancy Deposit Protection schemes, are leading to increases in the number of issues faced by landlords when tenancies come to an end. The most common issues that Landlords face stem from two main areas: The…
Lexcel is the Law Society’s legal practice quality mark for excellence in legal practice management and excellence in client care. The process involves considering a firm’s structure and strategy, financial management, information management, people management, risk management, client care, file and case management. Legal practices are then accredited against the standards required and have the…
What is vaginal mesh? Vaginal mesh is a medical device that is surgically implanted into women who are suffering from pelvic prolapse or stress urinary incontinence. Initially becoming popular in the 1970’s, reports show that between April 2007 and March 2015 more than 92,000 women in England had vaginal mesh implants. There are a number…
A Russian billionaire who recently sold his company for over £1 billion has been ordered to pay his wife £453m in a divorce settlement at the High Court. The payment in this case has been described as one of the biggest awards made by a UK court in divorce proceedings. The 61-year-old, former oil and…
The controversial plans to increase probate fees are to be scrapped as there is not enough time to implement the legislation before the upcoming General Election. The fees had been due to rise from £155 or £215 to up to £20,000 for some estates in England and Wales from May 2017 although an exact date…
For deaths on or after 6th April 2017 an additional Inheritance Tax (IHT) allowance, called the Residence nil-rate band (RNRB) may be claimed to reduce any IHT payable. Currently a deceased estate can pass up to £325,000 to any beneficiaries before IHT becomes payable. This is the nil-rate band (NRB). Gifts to spouses or civil…
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