Is it directly or indirectly discriminatory that men are paid less when on shared parental leave than women on maternity leave? In a ground-breaking decision, the Court of Appeal has answered that burning question in the negative. Women are entitled to 52 weeks’ leave after giving birth, 39 of them paid. The first six of[…]
No public authority in a civilised society can raise taxes, duties or other levies without lawful authority. That fundamental principle was rigorously applied by the High Court in ordering the Office of Communications (Ofcom) to repay hundreds of millions of pounds unlawfully levied from four mobile phone operators in respect of frequency band licence fees.[…]
Many business owners look forward to the day when they will be able to sell up for a fortune – but such hopes can come horribly unstuck without the right professional advice. The point was made by a case in which a couple were ordered to repay every penny of the seven-figure sum they received[…]
In what circumstances should company directors be held criminally responsible for the gross negligence of their subordinates? That was the burning issue addressed by the Court of Appeal in a case concerning a 15-year-old girl who suffered a fatal allergic reaction to a kebab ordered from a takeaway restaurant. When ordering the meal through a[…]
Financial penalties in respect of inaccurate tax returns can be swingeing but, like any other fine, they can only be imposed on wrongdoers. The point was made by a case in which an accountant was relieved of a substantial penalty on the basis that he had not been careless and honestly believed in the accuracy[…]
New inventions can transform entire industries, rendering existing products more or less obsolete, but they almost inevitably give rise to patent disputes. A case on point concerned a revolutionary garden hose design that solved problems of storage, weight and kinking all too familiar to gardeners since the 1950s. The hose consisted of two tubes, one[…]
The Finance Act 2014 conferred on HM Revenue and Customs (HMRC) draconian powers to tackle tax avoidance. However, in relieving a businessman of a tax demand for over £8.7 million, the Court of Appeal made plain that those powers are not without limit. A family trust established by the businessman owned shares in a company[…]
If you feel that your private information has been misused by the media, you may be entitled to compensation and should consult a lawyer straight away. A businessman who did just that after leaked details of a criminal investigation concerning him found their way into the press was awarded substantial damages. The businessman was a[…]
What is an an ‘average consumer’? That is a question regulators frequently have to ask themselves in ensuring that the public is not subjected to misleading advertising. The High Court gave invaluable guidance on the issue in a case concerning the provision of broadband to homes and businesses. The case concerned the distinction between ‘full-fibre’[…]