Latest News

Right to Neonatal Care Leave Confirmed

The government has confirmed that, subject to Parliamentary approval of the regulations implementing the change, parents with babies in neonatal care will be entitled to Neonatal Care Leave from 6 April 2025. Neonatal Care Leave will apply to parents of...

High Court Upholds Injunction in Property Wall Case

The courts can assist homeowners whose properties are at risk of damage because of activities on nearby land. Recently, the High Court upheld an injunction requiring the operators of a hotel to reduce a build-up of earth on their side of a wall between it...

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)...

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...

Court Declines to Strike Out Set Aside Application

When couples are divorcing, mediation is strongly recommended in order to reduce the time and expense involved in court proceedings. This was amply illustrated in a recent case in which the Family Court refused a husband's application to strike out an...

Can Collective Agreements be Rectified? Supreme Court Ruling

Under Section 179(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 , a collective agreement is presumed not to be legally enforceable unless it contains a provision stating that the parties intend it to be so. However, terms in a...

Farmer was Bound by Promise to Leave Farm to His Son

The son of a farmer whose final will disinherited him has succeeded in his proprietary estoppel claim and his claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 . For a claim of proprietary...
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