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  • Age Discrimination – Mandatory...

    18/05/2012

    The Supreme Court has provided useful guidance on the circumstances in which a mandatory retirement age will be justified in a case involving a solicitor. His partnership more »

  • School pupils discuss the case for a...

    09/05/2012

    Local school pupils have been considering the arguments for and against a proposed new law which would give the government powers to check up on who people phone, which websites more »

  • WBW back law project for Torbay...

    02/05/2012

    WBW Solicitors are once again partnering the Torbay Schools Law & Citizenship Web, an initiative which introduces local pupils to the legal system and those who work within more »

  • Barbara the Sheep visits WBW...

    02/05/2012

    WBW Solicitors got an unusual visitor this week in the shape of a giant sheep. Barbara, the mascot for the Rowcroft Hospice Sleep Walk, visited WBW solicitors’ Newton Abbot more »

  • Free Employment Forum

    30/04/2012

    Employment issues are the focus of a free forum event at WBW Solicitors in Exeter this week. The breakfast event will give Exeter business leaders the chance to discuss staffing more »

  • New Deadline Introduced for Care Fees...

    27/04/2012

    Many of us are only too aware of the exorbitant costs of funding a care home placement. Some of us are aware that there may be financial recompense from the NHS where an more »

  • WBW supports local Solicitors in...

    25/04/2012

    . more »

  • Child Welfare is the Only Principle

    23/04/2012

    A man who fathered a child for a lesbian couple and then sought a contact order, contrary to his initial agreement with them, has been successful in the Court of Appeal. After more »

  • Court of Appeal Revises Settlement in...

    20/04/2012

    One of the first ‘big money’ cases involving the break-up of a civil partnership has been heard by the Court of Appeal. The appeal concerned the decision of the family court more »

  • Couple’s Intentions Not Binding...

    20/04/2012

    A man who was the intended beneficiary of a £70,000 estate has lost out after the discovery of a major blunder at the time the wills of his deceased ‘parents’ were more »

  • Mother Wins Right to Keep 'Abducted'...

    16/04/2012

    The action of a mother who ‘abducted’ her own child in Australia and brought him back to the UK was cleared by the Supreme Court recently. She removed her child to protect more »

  • Specialist seminar: Reactive...

    16/04/2012

    Legal challenges faced by professionals dealing with the affairs of individuals with learning disabilities will be discussed at a seminar organised by WBW Solicitors on Thursday more »

  • April 6th Employment Law Changes

    16/04/2012

    From 6 April 2012, the unfair dismissal qualifying period increases from one year to two years for those whose employment began on or after that date. Employees who started more »

  • Revised Date for Increased Parental...

    13/04/2012

    Any employee who has completed one year of continuous employment and who ‘has, or expects to have responsibility, for a child’ is entitled to take up to four weeks’ unpaid more »

  • WBW Scoops Award for Excellence

    13/04/2012

    The property team at WBW Solicitors has been awarded the Chartermark of the Conveyancing Quality Scheme (CQS), the highly prized quality standard for residential conveyancing more »

  • Identity Theft Scam Targets US...

    30/03/2012

    An extremely convincing Internet scam ahs recently come to our attention which is targeted at US citizens resident abroad. The scam consists of an invitation to the recipient to more »

  • Leading Devon Law Firm Announce New...

    30/03/2012

    Leading Devon Law Firm WBW Solicitors has announced a new Senior Partner, with Property Law partner Michael Setter replacing Michael Martin after 4 years in the role. Mr Setter's more »

  • New Minimum Wage Rates

    30/03/2012

    The Government has accepted the recommendations of the Low Pay Commission (LPC) for this year’s National Minimum Wage (NMW) rates. From 1 October 2012 the following rates will more »

  • WBW join Work Preparation Day with...

    28/03/2012

    . more »

  • WBW Partner Jane Couch secures...

    26/03/2012

    A mother left unable to recognise her children due to a stroke after surgery has received a £4.85million payout from Derriford Hospital. The woman had returned to the hospital more »

  • Denial of Audience Unfair in Child...

    26/03/2012

    When a judge failed to invite a child’s aunt and her husband, who were willing to care for him, to attend a hearing to determine his future care arrangements, a challenge was more »

  • Budget Bullets for Business

    23/03/2012

    The Chancellor’s Budget this year was set in the context of mixed economic data and business confidence. The economy continues to be sluggish but has been aided by a softening more »

  • Identity Theft Scam Targets US...

    23/03/2012

    An extremely convincing Internet scam has recently come to our attention which is targeted at US citizens resident abroad. The scam consists of an invitation to the recipient to more »

  • Budget Bullets for Indviduals

    23/03/2012

    The Chancellor’s Budget this year was set in the context of mixed economic data and business confidence reports. The economy continues its sluggish course, aided by a softening more »

  • Free Employment Forum

    16/03/2012

    Employment issues are the focus of free forum event at WBW solicitors in Newton Abbot early April. The breakfast event will give Teignbridge business leaders the chance to more »

  • When is a marriage invalid?

    12/03/2012

    When can a couple go through a properly carried out ceremony of marriage in this country and still be unmarried under British law – other than when the marriage turns out to be more »

  • How Lasting Powers of Attorney Work

    12/03/2012

    Since 2007, when the Mental Capacity Act 2005 came into force, Lasting Powers of Attorney (LPAs) have taken the place of Enduring Powers of Attorney. A power of attorney allows more »

  • Advanced Directives Explained

    09/03/2012

    At a time when personalisation is key and the rights and dignity of the individual are paramount, Advanced Directives are featuring more and more in the legal landscape. They more »

  • Care Fees – An Overview

    08/03/2012

    Care fees and funding is a complex and confusing area underlined by concern that your money will run out, you will become a burden on your family and, in turn, lose your dignity. more »

  • Will Challenge Leads to Costs

    05/03/2012

    A recent case illustrates that those who challenge a will may find themselves liable for costs unless the challenge has some substance to it. George Wharton, 78, was suffering more »

  • Contract Causes Weight Watchers to...

    05/03/2012

    HM Revenue and Customs (HMRC) have won another significant battle in their quest to reclassify ‘self-employed’ workers as employees after slimming club Weight Watchers (WW) more »

  • WBW Solicitors host a social evening...

    02/03/2012

    WBW Solicitors hosted a social evening at the Royal Albert Memorial Museum for clients and associates. more »

  • TUPE and Administration –...

    02/03/2012

    In a case concerning the sale of a business in administration, which amounted to a ‘relevant transfer’ for the purposes of the Transfer of Undertakings (Protection of more »

  • Court of Appeal Hears ‘Three...

    27/02/2012

    A man who acted as a sperm donor so that a lesbian couple could have a baby, and who agreed not to seek parental rights, has found himself in the Court of Appeal after his more »

  • Unfair Dismissal – Qualifying...

    27/02/2012

    Employers will be aware of the Government’s decision to increase, from 6 April 2012, the qualifying period before which an employee becomes entitled to bring a claim for unfair more »

  • Partner or Employee?

    27/02/2012

    Is a partner who receives only a small share of the firm’s profit and takes no part in the management of the firm really a partner? That question was at the heart of a recent more »

  • Domestics and the Minimum Wage

    24/02/2012

    It is widely thought that the National Minimum Wage (NMW) applies to all workers, but there is a specific exemption from the NMW regulations when a domestic worker is treated as a more »

  • Pub TV Sport Row Continues

    24/02/2012

    The widely-reported victory by a Portsmouth Landlady who was taken to court for using a Greek provider to screen live televised sport is to be challenged. In a recent case, the more »

  • ACAS Guidance for Employers on the...

    20/02/2012

    With less than six months to go before the London 2012 Olympic Games commence on 27 July 2012, the Advisory, Conciliation and Arbitration Service (ACAS) has begun publishing more »

  • Electricity Issue Not Shocking Enough...

    17/02/2012

    Contracts involving property are often ‘messy, with obligations on the vendor (and sometimes the purchaser) extending beyond the completion date. This can cause problems when more »

  • Mediation In the Workplace

    17/02/2012

    Disputes in the workplace are regrettably a common occurrence and can have many different causes. Attempts should always be made by all parties involved in the dispute to resolve more »

  • The Cost of Not Checking Ownership in...

    15/02/2012

    One of the most important things to make sure of in any legal agreement involving the purchase of assets is that the transferor actually owns the assets you are seeking to more »

  • Homeowners better off than renters

    08/02/2012

    "You are better off to buy." The Halifax have found that new homeowners mortgage pay, on average, £116 or 16% less than the average cost of renting a similar property. The more »

  • Rock Star Fiancée Seeks Settlement...

    06/02/2012

    The fiancée of Rock Musician Gerry Rafferty, who died in 2011, is to apply to the court for financial provision to be made for her out of his estate. Under the Inheritance more »

  • Lack of Knowledge and Approval...

    27/01/2012

    A recent case in the London County Court illustrates the vital importance of a testator both having the mental capacity to make a will and knowing and approving its more »

  • TUPE Does Apply to ‘Pre-Packs’

    27/01/2012

    Regulation 8(7) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) provides that where the transferor is the subject of bankruptcy proceedings or more »

  • Children of Murderers – Inheritance...

    25/01/2012

    In England and Wales, the law prevents a person who unlawfully kills another person (or a person who ‘aids, abets counsels or procures the death of another’) from benefiting more »

  • HMRC To Challenge Penalty Setback

    23/01/2012

    HM Revenue and Customs (HMRC) are to challenge a ruling that their practice of ‘storing up’ penalties before issuing demands for them was unfair. The practice was challenged more »

  • Beware of Fraudulent Rebate Emails,...

    23/01/2012

    HM Revenue & Customs (HMRC) have issued a warning to taxpayers to be on their guard against fraudulent emails as the self-assessment deadline of 31 January approaches. Joan more »

  • Guarantor faces Bankruptcy

    20/01/2012

    Giving a guarantee may seem like a relatively low-risk undertaking, but there are serious risks attached, including the risk of personal bankruptcy, if the person whose debt you more »

  • Services – Should the Landlord...

    20/01/2012

    In general, rents on property are exempt supplies for VAT. However, a landlord often supplies other services to tenants, such as cleaning and maintenance, which would normally be more »

  • Supreme Court Clarifies Approach to...

    19/01/2012

    There have been many cases over the years which have involved the determination of shares of ownership of a property when an unmarried couple have split up and wished to dispose more »

  • Don’t Take It Out on The Wife

    19/01/2012

    Under Section 3 of the Sex Discrimination Act 1975 (SDA) workers are protected from less favourable treatment on the ground that they are married or in a civil partnership. Under more »

  • No documents can lead to no claim -...

    18/01/2012

    Informal arrangements within families are often a recipe for legal problems later on, as a recent case shows. The circumstances that gave rise to the problem were a variant of more »

  • Tax Fraudsters Get Jail Terms

    16/01/2012

    A businessman and his wife have been sent to prison for four years and 16 months respectively after their business failed to disclose more than £5 million in profits. The more »

  • Employment Rights – Ministers of...

    16/01/2012

    For many years, it was accepted law that ministers of religion did not normally come within the definition of ‘employee’ for the purposes of the Employment Rights Act 1996 more »

  • No documents can lead to no claim -...

    16/01/2012

    Informal arrangements within families are often a recipe for legal problems later on, as a recent case shows. The circumstances that gave rise to the problem were a variant of more »

  • Buy to Let Landlords in £250 Million...

    16/01/2012

    According to accountants UHY Hacker Young, a crackdown by HM Revenue and Customs on buy-to-let landlords in the North West who have failed to declare their rental income has led more »

  • Property for Partners

    13/01/2012

    It is not generally appreciated that when a couple own a property jointly but are not married or civil partners, HM Revenue and Customs (HMRC) apply slightly different principles more »

  • Second Home Discount Consultation...

    12/01/2012

    The Government consultation on the council tax discounts applicable to second homes closed at the end of December. There have been council tax discounts available to second home more »

  • Pension Age Rise to be Brought...

    11/01/2012

    In his Pre-Budget Report, the Chancellor of the Exchequer, George Osborne, has announced plans to bring forward the increase in the State Pension Age (SPA) to 67. For men, the more »

  • Government Consults on the Use of...

    11/01/2012

    On 1 March 2011, the European Court of Justice (ECJ) ruled that, with effect from 21 December 2012, the use of gender as a risk factor by insurers should not result in individual more »

  • No Such Thing as ‘Self-Dismissal’

    11/01/2012

    In Zulhayir v JJ Food Service Ltd., the Employment Appeal Tribunal (EAT) held that an employee was not ‘self-dismissed’ because he had failed to respond to a letter from his more »

  • Need to Prove You Are UK Resident?

    11/01/2012

    Need to Prove You Are UK Resident? It may be hard to believe, but there are times when being UK resident is beneficial for tax purposes. In the event that you need to prove your more »

  • New inheritance rights for cohabitees...

    09/01/2012

    The Government has announced plans to introduce legislation to give legal rights of inheritance to long-term cohabitees. There are currently more than two million couples living more »

  • Adoption System Overhaul Proposed

    06/01/2012

    For many years now, the system for adoption in the UK has been regarded by many as unduly lengthy and complicated, with fewer than one in 60 children in care in England and under more »

  • Report Proposes Independent...

    04/01/2012

    Each year, sickness absence costs the tax payer £13 billion and £15 billion in economic output is lost. As the population of Great Britain is both growing and ageing, the more »

  • Property for Partners

    19/12/2011

    It is not generally appreciated that when a couple own a property jointly but are not married or civil partners, HM Revenue and Customs (HMRC) apply slightly different principles more »

  • Buy to Let Landlords in £250 Million...

    15/12/2011

    According to accountants UHY Hacker Young, a crackdown by HM Revenue and Customs on buy-to-let landlords in the North West who have failed to declare their rental income has more »

  • Employment Law Reforms Announced

    15/12/2011

    Business Secretary Vince Cable has announced the Government’s proposals for reform of employment law, which aim to cut unnecessary demands on business whilst safeguarding more »

  • WBW sponsor new competition to...

    14/12/2011

    Managing Partner Steve Bulman and Head of Employment Kerry Curd attended Coombeshead Academy for the launch of the new competition aimed at developing children’s reading more »

  • Director Who Mistakenly Signed Lease...

    12/12/2011

    The High Court has ruled that a company director who signed a guarantee over a 35-year lease when he thought that all he was doing was witnessing the signature of a fellow more »

  • Woman Compensated for Aircraft Fall

    12/12/2011

    A woman who fell down a set of temporary steps at Birmingham International Airport has won £28,000 in compensation from Thomson Airways. She was boarding a flight to Lanzarote more »

  • Lotto Win Not Part of Family Assets

    01/12/2011

    The normal rule on divorce is that matrimonial property (assets built up during the marriage) is to be divided equally. Non-matrimonial property (normally assets brought into the more »

  • HMRC Crack Down on Foreign Property...

    25/11/2011

    HM Revenue and Customs (HMRC) have established a new team of investigators and specialists in order to identify wealthy tax avoiders. One of the first targets of the 200-strong more »

  • Fracture facts - why you can’t...

    25/11/2011

    Misaligned fractures are painful, and can be very difficult to put right. If you are unlucky enough to break a bone, you trust that the hospital team will diagnose it properly and more »

  • WBW Employer's Forum and Employment...

    23/11/2011

    If you are an employer or manager who needs assistance with employment law related matters, then why not join us at our Employer's Forum. The next forum will be held on Wednesday more »

  • Breach of Health and Safety Laws...

    21/11/2011

    A man who suffered a ripped calf muscle, broken bones and nearly had a toe severed when a waste handling machine reversed into him is in line for compensation, following the more »

  • Tax Exiles Face Onslaught as Supreme...

    18/11/2011

    Mr Gaines-Cooper organised his affairs so that he complied with the HMRC guidance, contained in their leaflet IR20, to make himself not resident in the UK for tax purposes. more »

  • Work-Place Pension Schemes in 2012...

    17/11/2011

    Are you ready for the 2012 changes to work-place pension schemes? At present UK employers are not required to contribute to their employees’ pension schemes. However, that is more »

  • Supreme Court Rule on House Split...

    16/11/2011

    The Supreme Court has now ruled in the 2010 case of Kernott v Jones in which the respective shares of a property bought by a couple who cohabited and then split up had to be more »

  • Dismissal for Facebook Comments...

    16/11/2011

    The Employment Tribunal (ET) has ruled that the dismissal of an employee who made derogatory remarks about work colleagues on her Facebook page was unfair. After a particularly more »

  • Tax Man Seeks Life Coach

    16/11/2011

    Life coaches may need help to get their lives back on track if HM Revenue and Customs (HMRC) is successful in its latest blitz. Life coaches, music teachers and other private more »

  • Kernot v Jones - What are the parties...

    16/11/2011

    This is a case which has implications for all couples who live together but are unmarried. Patricia Jones and Leonard Kernot were such a couple, they lived together, had children more »

  • HMRC Enquiries Expected to Reach 400

    11/11/2011

    Following the closure of the recent disclosure window for taxpayers to come forward with details of previously undisclosed Swiss bank accounts, HM Revenue and Customs (HMRC) more »

  • Rugby Injury Award – Decision...

    11/11/2011

    In March this year, a 20-year-old student was awarded compensation of £54,000 for injuries he sustained playing rugby when he was 16 years old. Jack Sutton fractured his right more »

  • Unilateral Retraction of Dismissal...

    09/11/2011

    The Court of Appeal has held that where an employer provided an intended, unambiguous written notice of termination to an employee, the employer was not subsequently entitled to more »

  • Houseowner Not to Blame for Pool...

    07/11/2011

    An experienced swimmer who dived into a pool at a friend's late-night party and was rendered tetraplegic after hitting her head on the bottom of the pool has lost her claim for more »

  • Bribery Act Conviction – Employers...

    04/11/2011

    The Bribery Act 2010 came into force on 1 July 2011. It is an offence under the Act for a person to request, agree to receive or accept a financial or other advantage intending more »

  • Cerebral Palsy - Support for Parents

    02/11/2011

    A diagnosis that your child is suffering from a disability can be devastating in the early days. Cerebral palsy is sometimes diagnosed at birth, and in other cases it is raised as more »

  • Avoiding care home costs and NHS...

    31/10/2011

    Political meltdown following the hacking furore, economies in crisis, the public purse short-changed, access to justice limited, the NHS in turmoil, anxieties over the nation's more »

  • HMRC to Take Tougher Line on Gifts

    31/10/2011

    HM Revenue and Customs (HMRC) have always taken a relatively ‘soft’ line on what constitutes a ‘gift out of income’ for Inheritance Tax (IHT) purposes. A gift out of more »

  • US Confirms Non-Domicile Charge...

    31/10/2011

    Since 6th April 2008, any UK resident adult who has been in the UK for 7 out of the past 10 years has had to pay a £30,000 charge to elect to be taxed on a remittance basis. The more »

  • Stress levels in the workplace

    28/10/2011

    Sign of the times as stress levels are now most common cause of long-term sickness absence. For the first time, stress has been reported as the most common cause of long-term more »

  • Council Defence Undone By Council...

    28/10/2011

    A local authority may well rue the day its inspector identified a loose paving stone as an ‘immediate or imminent hazard’ as its identification as such was a powerful piece of more »

  • Court Protects Wind Farmer When Board...

    27/10/2011

    When the co-founder of two companies in the wind farm business was effectively ‘frozen out’ of them by his fellow shareholders and excluded from participating in their more »

  • Government Extends Qualifying Period...

    24/10/2011

    The Coalition Government has announced its decision to extend the qualification period for the right to claim unfair dismissal from one year to two years. The change will come more »

  • Disabled Husband Wins Extra Share

    24/10/2011

    A recent dispute over a divorce settlement dealt with an unusual situation. The husband had been in an accident and was partially disabled. He had received a settlement of more »

  • Home is Where the Dogs Are

    21/10/2011

    The question of where one is resident is not only important for tax purposes, but also as regards where divorce proceedings can be brought. For those who lead a ‘jet-set’ more »

  • The Rising Cost of Dying

    21/10/2011

    According to insurers Sun Life, the average cost of dying (such as cremation etc. costs) has risen to more than £7,200 - an increase of more than 60 per cent in the last seven more »

  • Woman Wins Damages After Botched Hip...

    21/10/2011

    A woman who was left permanently disabled after a routine hip operation went wrong has won over £100,000 in damages. Margaret Peabody, 51, was suffering from painful more »

  • Accident Claimant Jailed for False...

    19/10/2011

    A claimant who grossly exaggerated his injuries following a motoring accident and based his claim for compensation on the exaggerated claims has been given a nine-month prison more »

  • Deficient Process Not Breach of Human...

    19/10/2011

    When a local authority terminated the placement of a child who had been placed with a view to adoption, and took the child back into care, the family with whom the child was more »

  • Claim in Time Despite Previous Health...

    12/10/2011

    There is a general rule that an action for damages for personal injury must be brought within three years of the claimant becoming aware of his or her injury. Recently, a man more »

  • Wills and Probate Guide:

    12/10/2011

    It is easy to put off making a will. However, this is the only way to guarantee that your money goes to who you want it to upon your death. If someone dies without making a will more »

  • Perineum tear during childbirth - How...

    12/10/2011

    The first few weeks following your baby’s birth should be a wonderful time - it’s a life changing experience, and most women are prepared for things to be different. Everyone more »

  • Investing in Smaller Companies...

    11/10/2011

    The EIS has been with us in one guise or another since 1990 and offers significant Tax breaks to individuals who are prepared to invest in small unquoted trading companies. Since more »

  • Tax on Capital Gains – How...

    04/10/2011

    From 6 April 2008 disposals of qualifying businesses and business assets have been eligible for Entrepreneurs’ Relief (ER). In simple terms, it allows business owners to reduce more »

  • Family Law Guide

    03/10/2011

    Relationships can seem indestructible when they begin. All that excitement and the feeling of being in love can make it seem pointless or untrusting of your partner to consider more »

  • How do I complain if I feel that I...

    28/09/2011

    Complaints Procedure Unless your treatment was funded privately, you can make a complaint using the NHS Complaints Procedure. You should be able to obtain more information about more »

  • The Importance of Domicile

    28/09/2011

    Domicile is a Legal concept and in the UK is broadly equivalent to an individual's home country. Other countries have concepts of "domicile" but they do not all agree to the UK more »

  • It's My Name and You Can’t Use It!

    28/09/2011

    In the EU, names can be registered as Community Trade Marks (CTMs). Recently, the European Court of Justice (ECJ) refused to allow fashion designer Elizabeth Emanuel to obtain more »

  • What is a Reasonable Adjustment?

    26/09/2011

    Employers are required to make ‘reasonable adjustments’ to prevent their disabled workers from being placed at a substantial disadvantage in comparison with persons who are more »

  • Self-build recovery of VAT - two...

    26/09/2011

    If building your own home, very careful consideration needs to be had and detailed advice taken both from your solicitors and also from your accountants. Failure to do so may mean more »

  • Government to Legalise Same-Sex...

    26/09/2011

    Although the Civil Partnership Act, which allows same-sex couples to be legally joined, came into effect as long ago as December 2005, the right to have a same-sex religious more »

  • Estate Agent denied commission only...

    26/09/2011

    Estate agents’ contracts normally contain a clause that gives them the right to a commission if the property is sold within a period of time after the agency agreement is more »

  • LLP Partner Duties Not the Same as in...

    23/09/2011

    The duties of a partner in a limited liability partnership (LLP) are not the same as those in an ‘ordinary’ partnership as regards the fiduciary duties owed to the other more »

  • Slips and Trips Guidance

    23/09/2011

    Slipping or tripping is the single most common cause of major injury in UK workplaces. The Health and Safety Executive (HSE) reports that more than 10,000 workers suffered serious more »

  • Get your will in order and benefit a...

    20/09/2011

    The Exeter office of WBW Solicitors is pleased to be taking part in Will Aid’s Make a Will month for the fifth consecutive year. During the month of November, we will expertly more »

  • ACAS Issues Guidance on Social...

    19/09/2011

    Incorrect use of the Internet and social networking tools has led to many employers having to deal with issues such as time theft, defamation, cyber bullying, freedom of speech more »

  • No Pre-Nup for Sir Paul

    19/09/2011

    The old adage ‘once bitten, twice shy’ clearly does not apply to former Beatle Sir Paul McCartney. He has announced that when he marries Nancy Shevell at Marylebone Register more »

  • Dismissal must be a reasonable...

    16/09/2011

    The employee in this case was employed by two different NHS Trusts, in different jobs, working different hours. One of the jobs involved travelling whilst the other was based in a more »

  • Wife Claims Against Husband for Car...

    12/09/2011

    A woman who was injured when the car being driven by her husband was involved in an accident has won £34,000 in compensation from his insurers. The 78-year-old woman was being more »

  • WBW Employer's Forum and Employment...

    12/09/2011

    If you are an employer or manager who needs assistance with employment law related matters, then why not join us at our Employer's Forum. The next forum will be held on more »

  • Unfair Dismissal – Reasonableness...

    09/09/2011

    In Wincanton plc v Atkinson and another, the Employment Appeal Tribunal (EAT) held that the decision of a haulage company to dismiss two of its drivers who continued to perform more »

  • Late Legal Representation Proves...

    07/09/2011

    A company that tried to defend itself against a copyright infringement claim found that failing to take legal advice early in the proceedings cost it dear. When the infringement more »

  • Employment Status – What is the...

    07/09/2011

    The Supreme Court has handed down its decision in a case concerning the employment status of 20 valeters who provided car-cleaning service to motor retailers and auctioneers more »

  • The Agency Workers Regulations: Are...

    05/09/2011

    The Agency Workers Regulations 2010, which come into force on 1 October 2011, give temporary agency workers certain new rights. Some of the new rights apply to all agency workers more »

  • Director Pays Price for Private...

    05/09/2011

    The law relating to the fiduciary duties of directors is stricter than many company directors might think, as a recent case illustrates. It involved the director of a company who more »

  • Acceptable Risk Does Not Remove Need...

    02/09/2011

    The Court of Appeal has ruled that the decision of a lower court that a small risk of serious injury is ‘acceptable’, and thus the failure to carry out a risk assessment was more »

  • Will Stands Against Challenge

    02/09/2011

    A recent case illustrates how strong the evidence must be before the presumption that a person making a will has the mental capacity to so will be overturned. It involved an more »

  • Millions Awarded to Badly Injured...

    30/08/2011

    A cyclist who was hit by a lorry after he collided with barriers around electrical works has won a settlement worth millions of pounds in compensation for the life-changing more »

  • Varying a Contract of Employment

    22/08/2011

    In the current economic climate, many employers are seeking ways to reduce staff costs. Changing work patterns may assist this process. However, when considering reorganising the more »

  • Conscious Decision is Not Force...

    15/08/2011

    Force majeure is the term used when something unexpected and not preventable occurs which radically changes a situation. A force majeure clause is often included in contracts to more »

  • A Click Isn't Enough

    12/08/2011

    An attempt by online retailer Amazon to patent its ‘one-click’ purchase system has predictably failed in the patent court. The reason for the failure was that the creation of more »

  • Modifying or Removing Restrictive...

    11/08/2011

    Restrictive covenants are restrictions on the rights relating to a property. They may, for example, allow rights of access over the property concerned or operate to prevent a more »

  • Sophistication of Consumers Stymies...

    11/08/2011

    When one business uses the trade marks of another, an action can be brought for trade mark infringement and possibly also for ‘passing off’ – the term given to the situation more »

  • Suing a Bankrupt Tenant - Recovering...

    10/08/2011

    When a person is made bankrupt, or has a debt relief order (DRO) made, their creditors must all receive equal treatment. Bankruptcy is a well known procedure and, in effect, more »

  • Damages are considered an asset of...

    09/08/2011

    When a married couple with children are getting divorced and the financial arrangements are being considered, the primary concern of the court will always be the welfare of the more »

  • No Termination on Grounds of Own...

    05/08/2011

    When a party to a contract breaches the contract, the other party is normally allowed to bring the contract to an end. It is not normally possible (unless the contract allows it) more »

  • High Court Acts to Prevent Piracy

    02/08/2011

    The High Court has taken decisive action in the war against the illegal distribution of copyright material by requiring BT, the UK’s largest Internet Service Provider, to block more »

  • Second Company to be Charged With...

    01/08/2011

    Lion Steel Equipment Ltd is to be charged with manslaughter unde rthe Corporate Manslaughter and Homicide Act 2007. The prosecution follows the death of a man who fell through a more »

  • Private Drains becoming Public Drains

    01/08/2011

    Many homeowners know, to their cost, that the drains on their property are their responsibility, not that of their local water company. Owners of properties with septic systems more »

  • Maple Leaf Blues for Mum

    29/07/2011

    Two young children were prevented from being removed to Canada by their mother after the Court of Appeal ruled that to do so would not be in their best interests. The girls’ more »

  • Dodgy Insurance Claim Costs Company...

    26/07/2011

    Gilding the lily when making insurance claims is a not uncommon, but dangerous practice as a company whose premises were damaged by fire found out. When making its claim to more »

  • Own Commercial Advantage Paramount in...

    25/07/2011

    Many contracts require one or both parties to use ‘all reasonable endeavours’ to fulfil the contract. When low-cost airline Jet2 and the operators of Blackpool Airport (BAL) more »

  • Foster Parents Cannot Prevent...

    25/07/2011

    When children are placed with foster parents, responsibility for them remains with the local council and the council retains the right to remove the children to a new foster home more »

  • Special Treatment of Women in...

    25/07/2011

    The Employment Appeal Tribunal (EAT) has ruled that it is necessary to construe the wording of the Sex Discrimination Act 1975 – and the Equality Act 2010 which supersedes it more »

  • Collective Redundancy – The...

    19/07/2011

    If an employer is ‘proposing to dismiss as redundant’ twenty or more employees at one establishment, within a period of 90 days, the collective consultation provisions of more »

  • Similar Name Ban is Postcode-Specific

    19/07/2011

    ‘Passing off’ is the legal term for when a business seeks to profit from the name or reputation of another business by using a similar name. When the person or business more »

  • Undue Influence in House Repossession

    18/07/2011

    One of the defences against repossession of a house, where a secured debt or mortgage is not repaid, has been where the partner taking out the loan brought 'undue influence' to more »

  • A Southern Cross To Bear –...

    18/07/2011

    It is the case that adult social care is rarely out of the media or the collective public conscious. In the UK some 400,000 people are now in residential care homes, a figure more »

  • Trade Mark – Whole, Not Parts of...

    12/07/2011

    The High Court has confirmed that a trade mark refers to the general impression given by the mark, not to the details of the mark and this can include auditory and conceptual more »

  • Trust assets not to be excluded from...

    12/07/2011

    A recent decision of the Court of Appeal shows how difficult it is to substantiate claims that assets held in trust are not to be taken into account when determining wealth for more »

  • Family Mediation now essential?

    12/07/2011

    Changes to the Family Procedures Rules (FPR) – which govern the conduct of divorce proceedings – make alterations to the way divorces are to be carried out.   The main more »

  • Will Your Insurers Pay Out?

    11/07/2011

    Increasing numbers of people are spending substantial periods of time away from their homes on account of working away, having a second home or for any of a number of other more »

  • Claim on Wrong Basis Prevents...

    08/07/2011

    When a business sues for damages because of breach of contract, the damages are based on the loss of profits for the claimant that have resulted from the breach. However, what is more »

  • Non-Payment of Wages of Employee on...

    08/07/2011

    The Employment Appeal Tribunal (EAT) has upheld a decision of the Employment Tribunal (ET) that an employee was not entitled to be paid his contractual wages during a period when more »

  • HMRC Lose Another IR35 Case

    05/07/2011

    HM Revenue and Customs (HMRC) have suffered another defeat in a case concerning IR35, the legislation that in effect makes PAYE rules apply when a limited company is artificially more »

  • Expert Report Disclosable, Says Court...

    05/07/2011

    Sometimes, people tell you things you don’t want to hear. When the person doing the telling is an expert witness you have instructed, problems can result. In court proceedings more »

  • IHT – Prepare to Have Valuations...

    04/07/2011

    The potential for reducing Inheritance Tax (IHT) bills by placing ‘soft’ valuations on assets is all too clear and has led HM Revenue and Customs to undertaking almost 10,000 more »

  • Meeting Long-Term Care Costs

    04/07/2011

    One of the often forgotten issues in retirement planning is the possibility of having to fund long-term care at some future time. Such care is means-tested and most care home more »

  • Time Limits Prevent Flooding and Damp...

    04/07/2011

    A couple who had large-scale alterations to their house done, including the creation of a substantial basement room, found that the basement suffered from substantial water more »

  • Land Banks - property investments...

    17/06/2011

    A scam which traded on the greed of the gullible has been closed down by the the Financial Services Authority (FSA) after nearly £4 million was ‘invested’ by people seeking more »

  • Developing Farm Buildings

    16/06/2011

    The availability of affordable housing in rural areas has been a problem for many years, with young people often having to move away in order to find employment that will enable more »

  • Government Consults on Further...

    13/06/2011

    As part of its comprehensive review of employment law, the Government has launched a consultation on plans to introduce a new system of flexible parental leave from 2015. Under more »

  • Using a power of attorney when...

    13/06/2011

    There are several possible instances – such as absence abroad – when land is to be sold and an attorney has to be appointed to undertake the transaction in the place of the more »

  • South West Businesses Fined for...

    07/06/2011

    A blitz by the UK Border Agency (UKBA) has led to fifteen South West businesses being fined more than £100,000 when 28 illegal workers were found. The fines followed 114 raids more »

  • Join Royal Albert Memorial Museum’s...

    06/06/2011

    WBW Solicitors are delighted to be inaugural members of the the Royal Albert Memorial Museum (RAAM) Business Club. The Busines Club aims to help companies strengthen their brand more »

  • Can I get compensation for Planning...

    02/06/2011

    A Council that took account of the personal circumstances of an applicant for planning permission, when granting an application to construct a bungalow outside the designated more »

  • The Sacking of Sharon Shoesmith –...

    01/06/2011

    The victory in the Court of Appeal of Ms Sharon Shoesmith, who was the Director of Children’s Services for Haringey Council at the time of the death of 17-month-old Peter more »

  • Pensioner Wins Damages for Bus Injury

    20/05/2011

    A pensioner from West Bromwich has won £25,000 in damages after she was injured when a bus driver pulled away as she was getting off at her stop. Doreen Tyler, 82, was more »

  • Squatters' Rights

    16/05/2011

    Under UK law, anyone who is allowed unopposed occupation of a piece of land for more than twelve years (10 years for registered land if appropriate procedures are followed) can more »

  • Compromise Agreements and...

    15/05/2011

    Redundancies involving senior staff often involve a compromise agreement under which the employee agrees to compromise their right to take a case to the Employment Tribunal in more »

  • Jargon Free Divorce?

    13/05/2011

    The new ‘mediation first’ rule applicable to divorce and separation have been well publicised, but moves to make the process more jargon-free have not received much more »

  • Squatters' Rights

    10/05/2011

    Under UK law, anyone who is allowed unopposed occupation of a piece of land for more than twelve years (10 years for registered land if appropriate procedures are followed) can more »

  • Cohabitation Case goes to Supreme...

    09/05/2011

    It may be assumed that when a couple purchase a property in equal shares, that is how ownership remains, but it isn’t necessarily so. In a recent case, the High Court had to more »

  • Trade Mark Infringement Can be Based...

    09/05/2011

    Infringement of a trade mark need not be a visual issue and a trade mark can be infringed when the sound of the trade mark is infringed. The case arose when the international toy more »

  • Who Determines Who Inherits Your...

    05/05/2011

    A recent case will cause concern to anyone who has a specific wish that their estate should not pass to certain people. It involved a woman who left an estate of more than more »

  • Denial of Rest Breaks – ‘Sleeping...

    04/05/2011

    In Ajayi and another v Aitch Care Homes (London) Ltd., the Employment Appeal Tribunal (EAT) upheld the decision of the Employment Tribunal (ET) that an employee’s ‘refusal’ more »

  • WBW back law project for Torquay...

    03/05/2011

    WBW are partnering the new Torquay Schools Law Web, an initiative which introduces local pupils to the legal system and those who work within it. The scheme is open to the more »

  • Religion or Belief Discrimination –...

    28/04/2011

    When the Employment Equality (Religion or Belief) Regulations 2003 were first introduced, employees were protected from discrimination by reason of any ‘religion, religious more »

  • Disguised Remuneration Guidance...

    26/04/2011

    The proposed rules to deal with ‘disguised remuneration’ (where remuneration or assets are made available to an employee by a third party such as an employee benefit trust) more »

  • Malicious Dismissal Claims on the...

    21/04/2011

    UK employers are increasingly falling victim to instances of ‘malicious dismissal claims’ from disgruntled ex-employees. A survey by the Chartered Institute of Personnel and more »

  • Housing Law: What is a Spouse?

    20/04/2011

    Under the Housing Act a spouse or civil partner has the right to succeed, in most circumstances, to an assured tenancy where he or she was cohabiting with the deceased  more »

  • Email Terms Apply in Contract

    20/04/2011

    A recent case in the Court of Appeal has demonstrated that terms agreed by email can amount to a contract despite a formal contract referred to in the emails remaining unsigned. more »

  • Royal Wedding – Rates of Pay and...

    20/04/2011

    The Royal wedding has already put an extra bank holiday into the calendar on the 29th of the month and the House of Lords has reacted by allowing pubs an extra two hours of more »

  • Easement Limited to Use

    18/04/2011

    When land is used over a long period of time by persons other than the owner of the land, they may acquire an easement (a legal right to use the land). Easements can be acquired more »

  • Supreme Court Rejects House Disguised...

    13/04/2011

    The man who disguised his house as a barn and then claimed that the local council was ‘out of time’ to take action with regard to the breach in planning permission has lost more »

  • Pension Scheme Deficits - What to Do

    12/04/2011

    In accordance with the Pensions Act 2004 all defined benefit schemes must have regular actuarial valuations to ensure that the scheme meets the ‘Statutory Funding Objective’ more »

  • Private Emails Lead to the Sack

    12/04/2011

    A recent decision of the Employment Tribunal (ET) illustrates that care should be taken over any private communication made out of working hours if this contains material or more »

  • Government Signals Reform to No Win,...

    06/04/2011

    Following a major review carried out last year by Lord Justice Jackson, the Government has unveiled its plans for a radical overhaul of the civil justice system.  Firstly, more »

  • New Rules to Make Eviction of Tenants...

    06/04/2011

    The Government is to take action to make the process of evicting anti-social tenants quicker. Anti-social behaviour is a serious problem where it occurs and harassment by more »

  • Will Error Sees Beneficiary Lose Out

    06/04/2011

    A recent case serves as a reminder that the intestacy rules only recognise a person’s natural, adopted or illegitimate children and illustrates the need to make sure that no more »

  • Brakes Put On Out of Control Executor

    30/03/2011

    A woman in her 60s was recently forced by her two brothers to repay more than £30,000 she had charged for administering their late parents’ estates after they threatened legal more »

  • The Equality Act – Positive Action...

    24/03/2011

    Provisions contained in the Equality Act 2010 that allow positive action specifically in the process of recruitment and promotion, in limited circumstances, come into force on 6 more »

  • Unreasonable Shareholder Rebuffed By...

    24/03/2011

    A shareholder who sought, by refusing to agree to a share valuation, to force the company of which he was a shareholder to give him information he wanted, was rebuffed by the more »

  • Failure to Disclose Means Database...

    24/03/2011

    A recent case concerning the misuse of database information illustrates the wisdom of preparing comprehensive evidence in support of one’s arguments. Databases can be valuable more »

  • Last Minute Change on the Right to...

    23/03/2011

    Business Secretary Vince Cable has announced that the right to request flexible working will not now be extended to parents of children aged 17. The measure had been due to come more »

  • Budget Day headlines at a glance

    23/03/2011

    The Chancellor, George Osborne, today announced the Emergency Budget’s purpose was to rescue the nation’s finances, paying for past mistakes, with today’s Budget being to more »

  • Call for Evidence on Simplifying...

    21/03/2011

    The Government has published a ‘Call for Evidence’ seeking the views of employers, employees and other interested parties on whether the current procedures for dismissing more »

  • Changes to Employer Supported...

    17/03/2011

    Employers who offer childcare support to employees are reminded that from 6 April 2011, changes are being made to Employer Supported Childcare (ESC). Under the current ESC more »

  • Administrations and TUPE – EAT...

    11/03/2011

    In an important case (OTG Ltd. v Barke and Others), the Employment Appeal Tribunal (EAT) has provided clarification on the application of Regulation 8(7) of the Transfer of more »

  • Company Law: Correct Procedure...

    07/03/2011

    A recent case shows how important it is to follow correct procedure in company law, as when the company’s internal regulations are not followed, documents executed on the more »

  • Revised Codes of Practice for...

    05/03/2011

    The UK Border Agency (UKBA) has published the annual update to the codes of practice for sponsored skilled workers. If an employer wants to sponsor a migrant worker from outside more »

  • Abolition of the Default Retirement...

    03/03/2011

    The Government has published the draft Employment Equality (Repeal of Retirement Provisions) Regulations 2011. These will abolish the Default Retirement Age (DRA) of 65 and are more »

  • Agency Workers and the...

    03/03/2011

    Alstom, the French engineering giant currently in the news as being under investigation by the Serious Fraud Office for allegedly distributing corrupt payments to secure more »

  • Government Delays Extension of Right...

    02/03/2011

    The Government has announced that the ‘Time to Train’ regulations will not be extended this April to employees of small and medium-sized businesses. The right to request time more »

  • The Employment Status of Partners

    01/03/2011

    In Tiffin v Lester Aldridge LLP, the Employment Appeal Tribunal found that a fixed share partner (FSP) of the firm was not entitled to claim unfair dismissal because he was a more »

  • Constructive Dismissal – A Brief...

    01/03/2011

    With targets to meet, deadlines to comply with, promotions to compete for and long, irregular working hours, the working environment can often be fraught and stressful. This, more »

  • New website

    28/02/2011

    WBW Solicitors is proud to launch its new website today. The new, contemporary design now reflects the firm's position as a full service law firm focused on the South West more »

  • Appointment of a new partner

    17/02/2011

    WBW Solicitors are pleased to announce the appointment of a new partner, Steven Carman. Steven, previously an associate solicitor with the firm specialising in corporate work, more »

  • Consistency In Planning Decisions Not...

    15/02/2011

    Just because one planning authority behaves in a particular way, that does not mean another has to behave in the same way. That simple point scuppered a claim by objectors to a more »

  • Know Your Contract Terms

    11/02/2011

    When the terms of a house building contract exclude a liability for losses which might be incurred by the client for defective works, the client has no redress under a general more »

  • Government Review of Employment Law...

    02/02/2011

    As part of its comprehensive review of employment legislation, the Government has published a consultation document, ‘Resolving Workplace Disputes’. This seeks views on more »

  • Attorney Guilty of Theft From Elderly...

    28/01/2011

    A woman who abused a relationship of trust was found guilty of the theft of nearly £30,000 recently. The 63 year-old woman befriended another woman, aged in her late 70s and was more »

  • The Employment Status of Partners

    28/01/2011

    In Tiffin v Lester Aldridge LLP, the Employment Appeal Tribunal found that a fixed share partner (FSP) of the firm was not entitled to claim unfair dismissal because he was a more »

  • Sexism in the Workplace: Gray Pays...

    27/01/2011

    Following clips being placed on YouTube, Sky Sports presenter Andy Gray was dismissed from his job – said to be worth £1.7 million per year. The sacking represents a stark more »

  • ‘Garden Leave’ and the Right to...

    26/01/2011

    When an employer wishes to prevent a departing employee from having access to information that could be useful to a competitor or which would assist the employee in setting up in more »

  • Consistency In Planning Decisions Not...

    25/01/2011

    Just because one planning authority behaves in a particular way, that does not mean another has to behave in the same way. That simple point scuppered a claim by objectors to a more »

  • New Tax Guidance on Residence and...

    20/01/2011

    HMRC has published revised guidance on tax residence and domicile which will apply from April 2011. The 86-page revised guidance (HMRC 6) mainly affects claims relating to more »

  • Enforced Retirement at Age 65 to End

    18/01/2011

    The Government has confirmed earlier announcements that the Default Retirement Age (DRA) will be abolished in order to give people greater flexibility as to when they stop more »

  • Nip your emloyment law issues in the...

    22/09/2010

    x more »

  • Separating couples no longer allowed...

    27/08/2010

    The Court of Appeal has ruled that files of evidence obtained by stealth by a wife must be returned to her ex-husband. The Court considered that the breach of confidence of the more »

  • How will the suspension of HIPs...

    12/08/2010

    The coalition government have announced today that people planning to sell their houses after 21st May 2010 will not require a Home Information Pack to market their property. The more »

  • New Collaborative Law Website

    03/08/2010

    A new Website is being launched next week to help inform people about Collaborative Law.The website www.devoncollaborativelawyers.comhas been developed by a group of Collaborative more »

  • WBW Solicitors raises money for...

    30/07/2010

    The Family Law team of WBW Solicitors has raised over £1000 for new facilities for the Torquay Contact Centre. The team, lead by head of department Fiona Yellowlees, did a more »

  • Back Injury From 'Playfulness' at...

    21/04/2010

    A factory worker who suffered a serious back injury when a colleague leapt onto him at work has won an undisclosed amount in compensation.   William Jones, 46, was bending more »

  • Pension Entitlement Depends on Social...

    21/04/2010

    Are the conditions of entitlement to state pension credit under the 2002 State Pension Credit Regulations compatible with EU law? That is the question raised by a recent Supreme more »

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