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Creating a Family Trust? Are You Sure It Reflects Your True Intentions?

Rather than giving money to your children directly, you may choose for a variety of good reasons to provide for them by way of a discretionary trust. Such a step is a serious matter, however, and as a High Court case underlined , it is extremely difficult...

Young Man Injured in Construction Site Fall Wins £4.5 Million Damages

Accidents at work can have catastrophic consequences and, if you are a victim, you should have no hesitation in consulting a solicitor. In a case on point, a young man whose life was wrecked when he fell seven storeys through an unguarded hatch received a...

Sensible Divorcees Put Personal Animosity Aside - Court of Appeal Ruling

Any good lawyer will tell you that it is far better for divorcing couples to agree how their assets should be divided, rather than fighting it out in court. A Court of Appeal case showed , however, that, where personal animosity persists, it is only too...

Lawyers Can Help Victims of Sexual Abuse Achieve Closure

Victims of sexual abuse can achieve some sense of closure by seeing their attackers prosecuted and punished in a criminal court. As a High Court case showed, the civil justice system will also come to their aid and, with the benefit of specialist legal...

COVID-19 - High Court Authorises Vaccination of Elderly Dementia Sufferer

Should vulnerable people who lack the mental capacity to make important decisions for themselves be vaccinated against COVID-19 even in the face of objections from their loved ones? The High Court confronted that uniquely difficult issue in the case of an...

In Dispute with Your Neighbour? A Lawyer Will Help to Restore Peace

Disputes between neighbours frequently inflict enormous emotional and financial harm on all involved. A High Court dispute concerning use of a shared driveway showed why any lawyer would advise sensible negotiation as a far better alternative to...

Just Outcome for Tragic Road Accident Victim

A good personal injury lawyer combines ability as an advocate, legal knowledge and, perhaps most importantly, negotiating skills. In a case on point, a catastrophically injured road accident victim called upon specialist representation to cut through myriad...

Clerical Errors in Your Will or Codicil Can Create Discord After You Are Gone

Even apparently obvious or trifling clerical errors in a will or codicil may provide fertile ground for dispute and that is why it is so important to have such documents drafted by a professional. In a High Court case on point , a straightforward...

Accident Victims - Managing Awards Can Be as Hard as Securing Justice

Vulnerable accident victims who receive large compensation awards are sometimes prone to uninformed financial decision-making and, as an Upper Tribunal (UT) decision underlined, they are amongst those most in need of professional assistance. The case...

Interim Maintenance in Divorce Proceedings - Court of Appeal Gives Guidance

Working out the financial consequences of divorce takes time and that is why judges have the power to make interim maintenance awards to bridge the gap. In an important ruling, the Court of Appeal gave guidance on how that power should be exercised to...

Competitor Gravely Injured During Sporting Event Receives £3 Million Damages

Participants in potentially dangerous sports usually understand the risks they are taking. However, as a High Court case showed, it does not necessarily follow that they are disentitled from receiving compensation in the event of an accident. The case...

Passenger Defeats International Airline in Battle Over Misspelt Name

Individuals can feel almost powerless when faced with the might of large corporations but, with the right legal advice, that is very far from being so. In a case on point, a judge ruled that an international airline had no right to charge a passenger almost...

Foreign Nationals Injured Whilst Visiting the UK Can Rely on English Lawyers

It is inevitable that accidents befall some of the millions of foreign nationals who visit Britain every year and, if the worst happens, they can rely on UK lawyers to ensure that they are properly compensated. That was certainly so in the case of a Swedish...

Driving Instructor Stricken by COVID-19 Pays for Ignorance of the VAT Regime

The VAT regime is far from straightforward and anyone going into business on their own account should take professional tax advice at the outset. In a striking case on point, a driving instructor who was recovering from a life-threatening bout of COVID-19...

Disabled Would-Be Tenant Discriminated Against by Letting Agency

The much-criticised practice of some landlords and their agents of excluding those in receipt of state benefits from obtaining private rented accommodation has been effectively outlawed by a judge's ruling on the basis that it amounts to indirect...

Expectant Father Suffered Fatal Heart Attack Following Workplace Bullying

Racism in the workplace can have appalling consequences for which employers are very likely to bear legal responsibility. In a tragic case on point, the loved ones of a young man who suffered a fatal heart attack after his line manager made his life a misery...

Child Abduction - Runaway Mother Feels the Force of International Law

Cross-border child abduction is an all too frequent result of broken relationships but it is also unspeakably cruel and English judges take their international treaty obligations to stamp it out very seriously. The High Court powerfully made that point in...

Racing Driver's Inaccurate Will Leaves His Heirs with Unwelcome Headache

The task of administering your estate after your death will be made all the harder if your will is not drafted with the precision that only a professional can provide. That was certainly so in one case concerning a retired racing driver's will which failed...

Frontal Lobe Injury Victim Receives Seven-Figure Damages

Not all disabilities are obvious to the casual observer but their impact on day-to-day lives can nevertheless be devastating. In a case on point, a woman who suffered damage to the frontal lobe of her brain in a road traffic accident received seven-figure...

Disturbed by Your Neighbours' Building Plans? See a Solicitor Today

If you feel that your neighbours' building plans will impact on your views or otherwise harm your enjoyment of your home, you should not hesitate to consult a solicitor. In one case, a couple who did just that succeeded in blocking construction of a...

Owed Money and Tired of Excuses? The Law Knows How Pressure is Applied

Many businesses and individuals who are owed money sadly become accustomed to hearing explanations and excuses for non-payment. However, as one case showed , specialist lawyers do not give up and are adept at bringing relentless pressure to bear on debtors...

Transatlantic Child Maintenance Storm Breaks Over One-Day-Old Baby

Some relationships sadly do not survive the prospect of impending parenthood and that can result in children being born into the teeth of a legal storm. In one case, a little girl was only one day old when she became the subject of child maintenance...

Tax Tribunal Rules Peripatetic Businessman 'Ordinarily Resident' in the UK

Many businesspeople lead peripatetic lives of constant international travel and the crucial question of whether they are settled in the UK for tax purposes can be very difficult to answer. A First-tier Tribunal (FTT) ruling , however, revealed the lengths...

Partner and Daughter of Hyde Park Bombing Victim Awarded Six-Figure Damages

For some victims of negligent or criminal acts, achieving vindication and establishing the truth are at least as important as monetary compensation. That was certainly so in the case of a woman who was aged just four when her soldier father was killed in a...

High Court Uncovers Blatant Forgery as Will Dispute Tears Family Apart

If an elderly man had listened to his solicitor's repeated advice to make a will, his children would have avoided a sea of trouble after his death. His failure to do so resulted in a bitter High Court dispute and a judge's finding that one of his daughters...

Renting Out Your Home on AirBnB Without Legal Advice is a Grave Mistake

Many tenants who forego legal advice before subletting their homes to tourists and other short-term visitors do so in blissful ignorance that they may well be breaching the terms of their leases. That was certainly so in the case of a flat dweller whose use...

Swift Financial Relief Obtained for Overseas Road Accident Victim

Those who are injured in road accidents abroad face particular challenges in winning just compensation. A High Court case, however, showed that expert lawyers are well able to meet them in swiftly obtaining financial relief for their clients. The case...

Given a Raw Deal by a Divorce Judge? Don't Just Sit on Your Hands

Many divorcees feel that judges have given them a raw deal when dividing up marital assets. They may or may not be right about that but, as one case strikingly showed , it makes much better sense for them to seek swift professional advice than to sit on...

Hotel Owner Ruled Liable Following Guest's Fatal Fall from Window

Property occupiers are obliged to take reasonable care for the safety of their visitors, but does that duty extend to those who choose to take obvious risks? The Court of Appeal addressed that issue in a guideline case concerning a hotel guest who fell out...

COVID-19 - Ruling Underlines Desperate Impact on Care Home Residents

Amidst the COVID-19 pandemic, it is becoming increasingly hard to see where the balance of harm lies between the risk of exposing care home residents to a life-threatening virus and compromising their most basic quality of life. The Court of Protection made...

Teenager Struck by Hit-and-Run Driver Secures Justice

Deciding where blame lies for road accidents is one of the more anxious tasks faced by judges, particularly if the victim is a child. That was certainly so in the case of a 13-year-old boy who was catastrophically injured by a reckless driver who was on the...

Caring Restaurateur Relieved of £60,000 Tax Return Late Filing Penalties

Those who deliberately delay filing their tax returns risk incurring severe financial penalties. However, the tax regime leaves room for mercy and, in relieving a hard-pressed restaurateur of more than £60,000 in penalties , the First-tier Tribunal...

Is Your Water Supply Sourced from a Neighbour's Land? Do You Know Your Rights?

Many rural homes obtain their supplies of fresh water from sources which lie beyond their boundaries and such arrangements can sadly prove fertile ground for dispute. A case in which a farmer and his niece were at odds over water rights showed the wisdom...

Police Duties Analysed in Context of Double-Fatality Road Accident

No one is under a positive legal duty to protect others from harm, and that includes the emergency services. That general rule, which is a frequent source of surprise amongst non-lawyers, came under analysis in a High Court case arising from the unusual...

COVID-19 - Troubled Mother Permitted Skin-to-Skin Contact with Her Baby

Contact arrangements between children in care and their parents often raise vexed issues, but all the more so during the COVID-19 pandemic. In a case concerning a mother who was denied skin-to-skin contact with her newborn baby, however, the High Court bent...

Making a Will? Appointing a Professional Executor Can Save Strife and Money

The trouble with appointing loved ones as executors of your will is that they are likely to be grief-stricken and there can be no guarantee that they will get on. A High Court decision showed that appointing a professional to perform the task is often the...

Capital Gains Tax - Couple Triumph in 'Principal Private Residence' Appeal

Home is where the heart is and the question of whether a property is your principal private residence for Capital Gains Tax (CGT) purposes depends, at least in part, on your intentions. An instructive case on point concerned a couple who made a house their...

Employers' Liability Insurance - High Court Pinpoints Unfair Defect in the Law

The High Court has drawn attention to a defect in the law that unfairly undermines the position of injured workers if the employers' liability insurance of the business they work for is cancelled. The case concerned two foreign nationals who were illegally...

Emergency COVID-19 Legislation - Judges Crack the Democratic Whip

Wide-ranging legislative changes that would normally require months, even years, of consultation were rushed through in a matter of days in response to the COVID-19 pandemic. A Court of Appeal ruling in a landmark case concerning emergency changes to the...

Teenage Road Accident Victim Receives £11 Million

The consequences of some road traffic accidents are so appalling that no amount of money can ever compensate for them and lawyers can only do their best. In a case on point, a teenager who was aged just two when she suffered life-changing injuries received...

Clubbing Together with a Friend to Buy a Home? See a Lawyer First

It makes sense for friends to club together so that they can buy properties they would be unable to afford by themselves. However, a cautionary High Court ruling showed that such arrangements are only wise if lawyers are consulted so that all concerned...

Duty to Warn Analysed by High Court in Context of Cricket Ball Accident

If signs had to be erected to warn against every conceivable risk faced by users of public open spaces, they would form a veritable forest of their own. The point was powerfully made in a High Court case concerning a walker in an urban park who was struck in...

Legacies and Entitlement to Means-Tested Benefits - High Court Ruling

When making a will, most people would wish to provide for loved ones in need. As a High Court case showed , however, means testing of many state benefits creates a very real risk of such good intentions coming to nought and that is one very good reason why...

Parents Who Simply Cannot Cope Don't Deserve Condemnation

Through no fault of their own, some parents are simply incapable of providing the care and stability that all children need whilst growing up. As one case showed , however, the approach of family judges is not to condemn but to seek solutions that enable...

High Court Acts to Free Mentally Ill Woman from Corrosive Relationship

Family lawyers work hand in hand with local authorities and medical professionals to protect vulnerable people from the controlling and coercive behaviour of others. In a striking case on point, the High Court authorised effective steps to be taken to free...

Local Authority Held Two Thirds to Blame for Serious Accident on Icy Road

When sub-zero conditions hit the road network, it is simply not feasible to grit or salt every yard of every highway and byway. However, in a rare decision, the High Court found that, in failing to respond to a clearly heralded risk of ice, a local authority...

Couple Overturn Capital Gains Tax Demands Raised on Sale of Their Home

HM Revenue and Customs (HMRC) are big battalions by anyone's standards, but their word is not law and, with expert legal assistance, they can sometimes be proved wrong. In one case, a couple succeeded in overturning six-figure Capital Gains Tax (CGT)...

Thwarted by Planners? Persistence and Legal Advice Can Still Win the Day

Obtaining authorisation for construction projects can be extremely demanding, but a combination of persistence and the right legal advice will often win the day. In a case on point, a householder whose hopes of building a garden room were time and again...

Trust and Estate Numbers Dip for Fifth Consecutive Year

HM Revenue and Customs have reported a decline in the number of trusts and estates in the UK for the fifth year in a row. Between 2018 and 2019, the total number of trusts and estates in the UK fell by 2 per cent to 151,000. The wealth management vehicles...

Electrician Receives £4 Million Following TV Studio Fall

Working at height is always potentially hazardous and the consequences of health and safety breaches can be extremely costly in human, financial and reputational terms. That was certainly so in the case of an electrician who received seven-figure...
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