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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. Continue reading →
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. Continue reading →
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. Continue reading →
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). Continue reading →
Healys is pleased to announce the addition of Eleanor Richards to their expanding team in Brighton. Continue reading →
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). Continue reading →
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. Continue reading →
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). Continue reading →
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. Continue reading →
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. Continue reading →