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Restrictions on Property Use Can Be Limited by Human Lifespans

Restrictions on the use to which properties can be put often lurk in old title deeds. As one case showed , however, some of them only endure as long as a human lifetime whilst others have no such shelf life and continue to have effect indefinitely. The...

COVID-19 - Do Diving Asset Values Justify Unwinding Divorce Settlements?

The value of many assets has been devastated by COVID-19 – but is that a good enough reason for setting aside divorce settlements agreed before the pandemic struck? A family judge considered that issue in a guideline case . The case concerned a...

Injured Pedestrian in Her 90s Secures Justice

When elderly people are injured in accidents that are not their fault, lawyers have to move fast to ensure they receive the full benefit of the compensation due to them. In a case on point, a woman in her 90s who was struck by a car as she crossed the road...

'Both' or 'Each'? - One Mistranscribed Word Triggers £6.4 Million Will Dispute

Will drafting is an exact science, requiring years of professional training, and a single mischosen or out-of-place word can have very serious consequences. Exactly that happened in a High Court case concerning the mistaken use of the word 'both' –...

Judge Declines to Authorise COVID-19 Vaccination of Dementia Sufferer

Whether or not to be vaccinated against COVID-19 is a matter of personal choice. A family judge robustly made that point in declining to authorise vaccination of a care home resident suffering from acute dementia who had fiercely objected to the procedure....

You Are Entitled to Rely on Professional Tax Advice - Even If it is Wrong

Professional tax advice, however carefully considered, cannot always be correct, but you are generally entitled to rely on it. A tribunal made that point in relieving a retired executive of a tax bill that would have had a devastating impact on his...

Family of Fatally Poisoned Security Guard Receives £75,000 Award

Workplaces can be dangerous places but, if the worst happens, specialist solicitors are thankfully there to ensure that appropriate compensation is paid. In a case on point, numerous obstacles were overcome to secure a substantial financial settlement for...

Family Judge Deeply Regrets Wealthy Ex-Couple's Inability to Compromise

Judges often plead with divorcing couples to bury the hatchet rather than subject themselves to the financial and emotional self-harm of litigation. As a High Court case showed , however, such good advice is sadly not always heeded. The case concerned a...

Accident Victims - Delay in Consulting a Solicitor Could be Fatal to Your Claim

If you have suffered an accident, you should contact a solicitor without delay to avoid running a real risk of your compensation hopes being stymied. In a case on point, a man who was catastrophically injured whilst on a motorcycling tour of Scotland came...

This Is What Happens If You Wait Until Sickness Strikes Before Making a Will

Making a will when you are close to death and without professional assistance is an effective means of fostering dispute between your loved ones after you are gone. As a High Court case strikingly showed , that is particularly so if you intend to leave your...

Substantial Damages for Mentally Ill Man Who Leapt From Window

Mentally ill people are frequently at risk of self-harm but are entitled to expect that all reasonable safeguarding measures will be taken by professionals whose duty it is to care for them. The point was made by the case of a psychotic young man who was...

Neighbours Planning a Garden Development? You Are Not Powerless

Domestic gardens, which many people view as the glory of British suburbia, present a tempting prospect to builders amidst burgeoning housing demand. As one case showed, however, objectors to such developments are by no means powerless. The owners of a...

COVID-19 - Court of Protection Sanctions Vaccination of Vulnerable Adult

Many of the most vulnerable members of society lack the mental capacity required to consent to being vaccinated against COVID-19. As a Court of Protection case showed , that fact can give rise to formidable legal difficulties. The case concerned a care...

High Court Rejects Divorcee's Bid to Annul Ex-Husband's Bankruptcy

It is sadly true that bankruptcy proceedings are sometimes used by perfectly solvent individuals for purposes other than seeking to satisfy their creditors or manage their debts. However, as a High Court case showed, alleging such conduct is one thing and...

Trusts - Court Relieves Family of Severe Tax Consequences of Drafting Error

Trusts are delicate and often complex legal instruments and any flaws in the wording of documents relating to them can have grave tax and other consequences. As a High Court case showed , however, inadvertent drafting errors can be corrected. The case...

Even Apparently Minor Accidents Can Have Lifelong Consequences

Most people walk away from apparently minor accidents almost unhurt, whilst others suffer catastrophic consequences. In a unique case on point, an IT manager who was stricken by a range of life-changing symptoms after hitting his head on a low ceiling at...

£850,000 Liability for Serious Road Accident Apportioned Four Ways

Road accidents happen in seconds, but discerning where responsibility lies for them can be a highly complex matter. In a striking case on point, a negligent driver, a site contractor, a demolition coordinator and a traffic management company each bore a...

Employer Ordered to Pay Modern Slavery Victims Over £700,000 Damages

Participation in modern slavery is an evil crime, but it also involves civil wrongs for which, with the right legal advice, victims can receive substantial compensation. In one case, three Eastern European men who were appallingly exploited whilst working in...

Making a Will? Don't Forget Those Entitled to Look to You for Support

When making your will, it is vital to remember those who have a right to look to you for financial support. As a High Court case showed, a failure to meet your duties to your dependants is highly likely to trigger a costly dispute – and ultimately...

Joint Tenancy or Tenancy in Common? This is Why It Really Matters

If you are purchasing a property with a partner, friend, family member or anyone else, your solicitor is bound to ask you whether you intend to own it as joint tenants or tenants in common. A High Court case showed why that is likely to be one of the most...

High Court Ponders Habitual Residence Test in Case of Orphaned Schoolgirl

The legal concept of habitual residence is a notoriously slippery one, but the ease of global travel has rendered it ever more important in the field of family law. The point was powerfully made by the case of an orphaned schoolgirl who was born in Britain...

Radio Presenter an Independent Contractor, Tax Tribunal Rules

The vexed distinction between employees and independent contractors is a constant source of dispute, not least in the realm of tax. Each case has to be decided on its own unique facts and, in one case, the Upper Tribunal (UT) ruled that a radio presenter...

Man Run Down by Speeding Motorcyclist Receives Seven-Figure Award

Lives are ruined by road accidents, but the courage of victims and their families is a frequent source of judicial admiration. That was certainly so in the case of a young man who suffered dreadful injuries when he was struck down by a speeding motorcyclist....

This is Why You Shouldn't Put Off Making a Will Until Advanced Old Age

You are never too old to make a will, but failing to consult a solicitor before you reach advanced old age can be a positive invitation to dispute amongst your loved ones after you are gone. That was certainly so in the case of a woman who was 94 when she...

Murderer Attacked by Fellow Prisoner Awarded £85,000

It is a mark of a civilised society that, save for the loss of their liberty, prisoners enjoy the same rights as any other citizen. A judge made that point in awarding substantial damages to a killer who was attacked and gravely injured by a fellow prisoner...

Missing Backpacker's Tireless Mother Granted Declaration of Death

When people go missing and are not heard from for years, there has to be a point where the law recognises that they have died. The High Court performed that sad task in the case of a much-loved young man who vanished without trace over 30 years ago whilst...

Good Quality Conveyancing is Vital to the Avoidance of Neighbour Disputes

Poor quality property conveyancing is a sadly common source of neighbour disputes and that is why it is so crucial to engage specialist solicitors to do the job. A case on point concerned a poorly demarcated boundary which went unnoticed for years before...

What Is a Deliberate Act? Bar-Goer's Death Triggers Supreme Court Test Case

What is a deliberate act? And, in the context of a public liability insurance policy, can a reckless act be viewed as deliberate? The Supreme Court considered those issues in a landmark case concerning a man who died after being placed in a neck hold by a...

Child Maintenance - Court Weighs Up Lifestyle Expectations and Resources

Sensible people accept that they have a moral responsibility financially to maintain their children, whether or not they are born in wedlock. As a High Court case showed , the extent of such responsibilities largely depends on needs, reasonable lifestyle...

Catastrophically Injured Cyclist Receives £6.1 Million

Cyclists are always likely to come off worst in collisions with motor vehicles but, if the worst happens, expert personal injury lawyers are there to ensure that they receive just compensation. In a case on point, a promising young man whose career hopes...

Received Negligent Financial Advice? Consult a Solicitor Without Delay

If you believe that you have suffered loss due to negligent financial advice, there are powerful reasons why you should consult a lawyer straight away. In a case on point, an elderly couple who claimed to have been ill-advised to enter into an interest-only...

British Child's Inheritance of Italian Property Creates Legal Quandary

Where a British child inherits foreign property, tricky legal issues can arise. However, as one case showed, English judges are well able to deal with such difficulties by applying the overriding principle that the child's welfare is always paramount. The...

Defamed on Social Media? You Don't Have to Put Up With It

Wounding statements that can have a devastating impact on your professional and personal life take moments to type but can spread like wildfire on the internet. As a High Court case concerning two sports journalists showed , however, lawyers can move fast...

Husband in £64 Million Divorce Case Claims COVID-19 Hardship

COVID-19 has without doubt drastically affected the fortunes of some very wealthy people. As a High Court ruling in a big money divorce case showed , however, the pandemic does not by itself amount to a good reason for failing to meet legal and financial...

Confronting Mortality - Professional Advice Helps Produce Order from Chaos

Confronting mortality is never easy and many people put off making decisions critical to their own future, and that of their loved ones, until after the onset of serious illness or old age. Such a course involves serious legal risks but, as a High Court...

Tourist Victim of Holiday Island Fall Guaranteed Substantial Compensation

Obtaining just compensation for holidaymakers injured abroad can be a demanding task in legal terms. However, a case concerning a serious accident at a hotel on the Spanish island of Tenerife showed that specialist lawyers are well up to meeting the...

Tribunal Excludes Furnished Lettings Business from Inheritance Tax Relief

In a ruling of interest to anyone engaged in renting out furnished properties, the First-tier Tribunal (FTT) has taken a restrictive approach to the circumstances in which such enterprises may qualify for Business Property Relief (BPR) from Inheritance Tax...

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...
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