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April 16, 2019 3:27 pm

Judges interpret tax statutes in the real world and are experienced at looking beyond the detailed provisions of intricate transactions to discern their actual purpose. In a case in point, the Court of Appeal found that Capital Gains Tax (CGT) was payable on the sale of shares in a listed company for £14.3 million. (more…)

The Estate Agents Act 1979 is quite specific as to how contracts between estate agents and their customers should be documented. A recent case dealt with the outcome of a failure to adhere to the terms of the Act, which in essence meant that an estate agent has faced a more than ten-year delay in securing his right to a commission. (more…)

April 15, 2019 12:54 pm

The Government has today opened a consultation process over its proposal to scrap the right of private landlords to evict their tenants using the ‘no-fault’ eviction process, which if passed could in effect create open-ended tenancies and make it far more difficult for landlords to get back possession. (more…)

April 15, 2019 10:58 am

Suspending an employee pending investigation of alleged misconduct is a serious step that requires careful consideration. The Court of Appeal made that point in the case of a teacher who was accused of subjecting pupils to unacceptable force (The Mayor and Burgesses of the London Borough of Lambeth v Agoreyo). (more…)

April 9, 2019 2:40 pm

Allegations against an employee may or may not be justified, but what really matters in terms of employment law is that they are fairly investigated. A medical recruitment company that signally failed in that task before summarily dismissing its CEO for whistleblowing was ordered to pay her substantial damages (Rizvi v Capital Care Services (UK) Limited). (more…)

A woman who reluctantly assisted her gravely ill husband in travelling to Switzerland where his life was ended by Dignitas will nevertheless inherit his estate, after a judge ruled that many people would have done the same for a loved one. (more…)

April 8, 2019 3:23 pm

The distinction between employment and self-employment is a continuing source of controversy and a ruling by the Employment Appeal Tribunal (EAT) that an accountant who worked exclusively for one client fell into the former category has added a new wrinkle to the vexed debate about employment status (Exmoor Ales Limited and Another v Herriot). (more…)

April 8, 2019 2:32 pm

National boundaries pose little or no obstacle to tax evasion. The Court of Appeal made that point in an important ruling which has greatly boosted the ability of HM Revenue and Customs (HMRC) to pursue inquiries beyond the borders of the UK. (more…)

April 5, 2019 2:14 pm

Employers have a responsibility to prevent illegal working in the UK by ensuring that their employees have the right to work here. This involves carrying out document checks on people before employing them in order to confirm that they have a legal right to work here, either permanently or on a temporary basis. Where the employee only has a limited entitlement to remain in the UK, follow-up checks must be carried out. (more…)

April 5, 2019 11:51 am

In Asda Stores Limited v Brierley, the question before the Court of Appeal was whether or not thousands of women who worked at Asda’s retail stores could compare themselves with male members of staff who worked at the company’s distribution depots for the purposes of their equal pay claim. The depot workers, who unlike their retail colleagues had the benefit of established union representation and collective bargaining agreements, were paid a higher salary. (more…)