Tughans Solicitors

Does a Beneficiary Disclaiming a gift constitute a ‘Failure’?

In a recent case heard before the High Court of England and Wales, the son (the defendant) of Elfed Williams (the deceased) stood to inherit one sixth of his father’s residuary estate by virtue of his Will. The only child of the deceased was estranged from his father and so disclaimed his entitlement to the residuary... Read More

Climate Change Litigation: Reshaping planning decisions across the UK and Ireland?

Are planning applications now at greater risk of legal challenge if they fail to address climate change?  Aoife Murray and Maria O’Loan discuss recent case law developments across the UK and Ireland and consider the implications for the development industry.   Key takeaways Courts are requiring more rigorous climate impact assessments in planning decisions. How... Read More

Landmark case of BDW Trading Limited v Ardmore Construction Limited [2024] opens the door for adjudications to be brought under the Defective Premises Act 1972

The recent England and Wales judgment of BDW Trading Limited v Ardmore Construction Limited which was handed down by the Technology and Construction Court (‘TCC’) has opened the door for adjudications to be brought for historical defects under the Defective Premises Act 1972 (the ‘DPA’). This case concerned the Crown Heights development in Basingstoke,... Read More

What’s changing in employment law in 2025?

Last year saw a number of changes in employment law. In Northern Ireland, the return of the Assembly was followed by the Good Jobs Employment Rights Bill Consultation. Labour returned to power in the UK general election and introduced a significant package of reforms in its Employment Rights Bill (ERB) that could fundamentally change employment... Read More

Revoking a Will: the method of destruction

The England and Wales High Court (EWHC) has recently heard the case where a 92 year old, Ms Carry Keats, partially tore up her will just weeks before her death in an attempt to revoke her will and therefore prevent certain family members from inheriting her £800,000 estate.   What does the Law say? In... Read More

Reasonable Adjustments and Royal Colleges: The Implications of Dr Karmakar’s Case

The recent case of Karmakar & Anor v Royal College of General Practitioners was a significant legal challenge to the policies and practices of the Royal College of General Practitioners (RCGP) regarding the Applied Knowledge Test (AKT), a mandatory exam for General Practitioners. The case was heard in the UK High Court in August 2024... Read More

Autumn Budget 2024 – Impact on businesses and individuals

After much anticipation, the details of the first Labour Budget in 14 years have now been disclosed. Chancellor, Rachel Reeves, suggests the Budget will raise taxes by £40 billion. Below we have highlighted some of the key issues which are likely to affect our clients, both businesses and individuals.   Rise in Employer National Insurance Contributions... Read More

Good jobs consultation: good news for employers?

Consultation on the “Good Jobs” Employment Rights Bill closed on 30 September 2024. The consultation proposed a wide range of employment law reforms for Northern Ireland, addressing the four key aspects of a “good job” namely: terms of employment; pay and benefits, voice and representation and work-life balance. Many of these would bring NI in... Read More

Environmental Improvement Plan for Northern Ireland – What does it mean for development?

On 27 September 2024 DAERA published Northern Ireland’s first Environmental Improvement Plan (“EIP”).  The EIP was due to be published in July 2023 but progress stalled due to the collapse of Stormont.  The Office of Environmental Protection (“OEP”) issued an information notice (the first stage of an investigation) in July 2024 in respect of the... Read More

Why is my bottle cap tethered?

Most of us will have noticed over the last few months that our bottle caps have become mysteriously attached to the bottle.  For some of us it is an irritating development and for others a welcome innovation that reduces litter.   The new plastic caps are just one in a series of measures being pursued... Read More