No-Fault Divorces Set To Start From Autumn 2021
No-fault divorces are set to become available to divorcing couples from autumn 2021. The Divorce, Dissolution and Separation Bill was backed by 231 MPs against 16 in a House of Commons vote on 8th June 2020, and concluded its passage through the House of Commons yesterday on 17th June 2020. The Bill will now be […]
Supreme Court Rules Against Visa & Mastercard Over Swipe Fees
Two of the world’s largest credit card companies have suffered another defeat in a long-running legal dispute with supermarket chains over interchange fees. The UK’s Supreme Court rejected an appeal by Visa Inc. and Mastercard Inc., affirming a lower court ruling that the mandated payments restricted competition. The Court was unanimous in upholding the decision […]
What Is A Pre Action Protocol In Civil Litigation?
The rules governing pre-action conduct can be found in the pre-action protocols and the Practice Direction on pre-action conduct and protocols (PDPAC). What are Pre Action Protocols? Pre action protocols (PAPs) specify the conduct procedures that parties are expected to follow if involved in a dispute that may lead to litigation in the English courts. Fundamentally, the […]
New Law Gives Local Authorities Powers To Fine Drivers £130 For Using Cycle Lanes
Drivers can be fined up to £130 for using cycle lanes, under a new law taking effect on 22 June 2020. The new powers, announced by the Cycling Minister Chris Heaton-Harris on 10 June, will see local authorities able to rely on CCTV to issue penalty charge notices to motorists breaking the rules. This includes […]
New Deal Expected To Simplify & Speed Up Planning Process
MPs are said to be considering the introduction of new development zones with relaxed rules and further permitted development (PD) rights as part of a ‘New Deal’ for planning. In a publication launched by the Policy Exchange think tank, Housing Secretary Robert Jenrick laid out a vision to “rethink planning” and “speed up and simplify […]
Sunday Trading Rules May Be Relaxed for Supermarkets
Supermarkets may soon be able to open for longer hours under government plans to help boost the post-lockdown economy. Under current rules, supermarkets in England and Wales are only permitted to trade for six consecutive hours between 10am and 6pm. However, new legislation is being drafted which would suspend the current Sunday Trading laws for […]
Daughter Wins Legal Challenge To Invalidate Mother’s Will
A daughter has successfully challenged her mother’s will in the High Court, giving her a share of the £325,000 inheritance. The deceased, Jean Clitheroe, had left her entire estate to her son, John, leaving nothing to her daughter, Susan Bond. Prior to her death in 2017, Mrs Clitheroe had drafted versions of her will in […]
Late Author’s Family Win Back Watership Down IP Rights
The family of the late Richard Adams have been awarded the rights to the author’s novel Watership Down. The High Court has ruled found in favour of Watership Downs Enterprises, the estate and family of Adams, against the US director of the 1978 animation, Martin Rosen. Rosen, who owned the motion picture rights to Watership […]
Court Enforces Lower PI Settlement Accepted By Claimant In Error
A personal injury claimant who mistakenly settled for one-tenth of the amount they intended has been told by a court they must accept the outcome of the error. The ruling in Mahoney v Royal Mail at Truro County Court held that the common law doctrine of mistake does not apply to so-called ‘Portal claims’. Since […]
CMA Calls For Emergency Legislation To Pursue Opportunist Retailers
The Competition & Markets Authority (CMA) has called for the UK Government to introduce new emergency legislation to tackle price gouging tactics by companies profiteering from the pandemic. Under current laws, the competition watchdog is unable to pursue retailers for heavily inflating prices of products in response to the virus. The CMA is now asking […]
All Charges Under Coronavirus Act Were Unlawful
Britain’s most senior police officer has apologised after it was revealed every person prosecuted under the Coronavirus Act had been unlawfully charged. Cases against all 44 individuals charged under the new law have now been withdrawn, according to the Crown Prosecution Service (CPS). A further 12 people who were charged under the second piece of […]
Housing Market Reopens After Lockdown Restrictions Eased
The housing market in England has been reopened, with home moves and property viewings and home moves now permitted following changes to coronavirus restrictions. Following a change to the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, which had restricted travel during the crisis, potential homebuyers and renters are now legally permitted to visit estate agents […]
Unlawful Deduction of Wages (Employers’ Guide!)
Part II of the Employment Rights Act 1996 sets out various statutory provisions that protect workers from unauthorised or unlawful deductions from their wages, including where an employer has underpaid the Minimum Wage. In practice, these rules limit when an employer can make deductions, require clear contractual or statutory authority, and give workers a statutory […]
Employment Tribunal Time Limits
The following table provides an outline guide to employment tribunal time limits, as applicable under key pieces of legislation. Note that time limit extensions may in some cases be allowable under the relevant legislation, for example where the requirement for ACAS early conciliation applies or the tribunal considers an extension to be ‘just and equitable’. […]
Being Evicted For Rent Arrears? Tenant Rights
If you are being evicted for rent arrears, you are not without protection or rights. The landlord must fulfil their legal responsibilities and follow the correct procedure. Your rights, as a tenant facing eviction, revolve mainly around your landlord’s responsibilities. Coronavirus housing & tenant advice Many tenants are now struggling to pay rent due to […]
Consumers Struggle to Get Refunds for Holiday Bookings
With flights, accommodation, tours and holiday plans disrupted due to the coronavirus pandemic, consumers are expressing increasing frustration as holiday companies appear to flout consumer protection laws by refusing to offer refunds. While some airlines, hotels and tour operators are approving refunds, albeit reluctantly, others are making it difficult to request refunds, with some refusing […]
Ventilator Manufacturers to be Protected from IP & PI Claims
UK manufacturers of ventilators being used to treat coronavirus patients are to be given specific legal protection in the event of any breaches of IP rules or personal injury claims, the Government has confirmed. Where new kit malfunctions, or is found to be defective or to infringe intellectual property rights, the Government has pledged to […]
CPS Told to Downgrade “Less Serious” Cases
Prosecutors in England and Wales have been advised to take the current issues resulting from the COVID-19 crisis into account when deciding whether to press charges, under new guidance issued by the Crown Prosecution Service. The new guidelines state that serious cases should be prioritised and all options should be explored for less serious offences, […]
Overlooking is Not a Private Nuisance, Court of Appeal Rules
Loss of privacy as a result of overlooking by neighbours does not qualify as a form of nuisance, the Court of Appeal has ruled in a landmark judgment. The ruling confirms that, while noise, dust, noxious smells and vibrations inflicted by neighbours are among the types of nuisance offering legal protections to aggrieved parties, overlooking […]
Consumer Rights: Faulty Goods under Warranty
If an item you have purchased develops a fault, should you rely on your legal rights or make a claim under the warranty? What is a warranty? A warranty is, in essence, an insurance policy for your purchase. It is in addition to your statutory legal rights. It may be provided by the retailer or […]