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Owner of 'Portaloo' Trade Mark Secures Transfer of Domain Name

If a UK domain name held by someone else is similar to your own name or trading style, you can seek to have it transferred to you by making a complaint to Nominet UK through its Dispute Resolution Service (DRS). To succeed in a DRS complaint, it is necessary...

FTT Has Jurisdiction to Consider Availability of BADR

The First-tier Tribunal (FTT) has refused to strike out the entirety of a taxpayer's appeal against a closure notice issued by HM Revenue and Customs (HMRC), finding that the issue of whether the taxpayer could make a claim for Business Asset Disposal...

ET Was Correct to Reconsider Acas Uplift After Awards Increased

The Employment Appeal Tribunal (EAT) has dismissed a woman's appeal against a decision of the Employment Tribunal (ET) to reduce the percentage uplift on awards for unfair dismissal and disability discrimination in respect of failure to follow the Advisory,...

Property Owners Not Entitled to Share in Saving Achieved by Wayleave

The Upper Tribunal (UT) has rejected a claim by the owners of a property that their compensation for the grant of a wayleave authorising the retention of electricity lines over their land should include a share in savings achieved by avoiding more costly...

Court of Appeal Overturns Strike Out of Unfair Prejudice Claim

The Court of Appeal has allowed an investment company's appeal against the striking out of an unfair prejudice petition , finding that the claim should proceed to trial. The investment company, which held investments on behalf of a South African group, had...

HMRC Publishes Tax Gap Statistics for 2024/25

HM Revenue and Customs (HMRC) have published statistics showing the estimated 'tax gap' for 2024/25. The tax gap is the difference between the amount of tax that should, in theory, be paid to HMRC and the amount actually paid. The statistics indicate that...

Clawback of Employee's Training Costs Was Unlawful Restraint of Trade

The Court of Appeal has upheld an appeal by a former employee of an IT services company against an order that he reimburse his employer for training costs, ruling that the contractual provisions allowing the employer to claw back those costs amounted to an...

Luxury Goods Makers Awarded Damages for Trade Mark Infringement

The Intellectual Property Enterprise Court recently ruled that a social media influencer and her company must pay damages totalling £213,000 to several manufacturers of luxury goods whose trade marks they had infringed. The influencer and the...

What is a Self-Contained Part of a Building? Court of Appeal Rules

Under Section 72 of the Commonhold and Leasehold Reform Act 2002 , the right to manage can only be acquired if the premises consist of a self-contained building or part of a building. Section 72(3) specifies that for a part of a building to be...

Lack of Fraud Proves Fatal to Breach of Warranty Claim

Purchasers of businesses would be well advised to ensure that their agreement with the seller protects them against any failure to disclose information that may affect the business's value. Recently, the High Court rejected a claim for breach of warranty ...
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