Legal News

Forfeiture Rule Disapplied in Assisted Dying Case

In certain circumstances, a person who has unlawfully killed another is precluded from benefiting as a consequence of their death, a rule known as the forfeiture rule and defined in Section 1(1) of the Forfeiture Act 1982 . However, Section 2 of the Act...

Supreme Court Rules on 'Fire and Rehire' Case

The Employment Rights Bill currently before Parliament will make it automatically unfair to dismiss an employee for refusing to agree to a variation of their contract. Recently, the Supreme Court considered this issue in a case involving a supermarket that...

High Court Orders Boy's Return to Dubai

When considering an application for the return of a child who has been removed from a country without a parent's consent, the courts' paramount concern will always be the best interests of the child. Recently, the High Court ruled that a young boy whose...

Homeowner Acquired Right of Way Over Neighbour's Land

The Upper Tribunal (UT) has upheld a homeowner's appeal against a decision that he had not acquired a right of way over part of a driveway belonging to one of his neighbours. The row of houses in which the man and his neighbour lived had originally been...

Court Refuses Request to Observe Hearing

Court and tribunal hearings usually take place in public, as part of the principle of open justice. However, a judge can decide to hold a hearing in private if it is deemed necessary for the proper administration of justice. Recently, the Court of...

Employment Rights Bill Introduced into Parliament

The Employment Rights Bill, which formed part of the legislative programme outlined in the King's Speech, has now been introduced into Parliament. Some of the key provisions included in the Bill are: Workers on zero-hours contracts will be entitled to...

Elderly Man Lacked Capacity to Make Final Will

The High Court recently upheld a claim that an elderly man's final will was invalid on the grounds that he lacked testamentary capacity. The man and his wife had made mirror wills in 1985. After their eldest son sadly died in 2007, they made new mirror...

Parents Can Accept Gift of Property on Boy's Behalf

The Family Court recently considered an application by the parents of a 15-year-old boy for authorisation to accept a gift of a share in a property on his behalf, in exercise of their parental responsibility. The boy's father owned a property in...

FCA Proposes New Rules for Payments Firms

The Financial Conduct Authority (FCA) is proposing changes to the safeguarding regime that applies to payments and e-money firms, in order to better protect customers. Funds held by payments firms are not covered by the Financial Services Compensation...

ET Has Jurisdiction to Hear 'Same Disadvantage' Claim

The Employment Appeal Tribunal (EAT) has confirmed that where a provision, criterion or practice (PCP) puts people with a protected characteristic at a disadvantage, protection from indirect discrimination under Section 19 of the Equality Act 2010 can...
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