Library

Latest News

Nature of Play at Football Game is Key to Unlocking Injury Dispute

Personal injury matters often involve disputes regarding levels of risk and whether or not they were willingly taken by the claimant. This issue played a part in a case relating to an injury a man sustained during a game of football. During the course of...

Valuable Diamond is Crux of Assets Dispute in Court

The division of matrimonial assets is often the cause of protracted legal proceedings, where parties differ on what is due to whom. In a recent Family Court case , the question of whether or not a £2 million diamond formed part of such assets was the...

Expert Panel Appointed for Personal Injury Discount Rate Review

The Ministry of Justice has announced the appointment of an expert panel, who will consult with the Lord Chancellor on the ongoing review of the Personal Injury Discount Rate (PIDR). The PIDR helps to ensure that claimants receive full damages, including...

Ignoring Court Orders Will Always Result in Sanction

Failing to comply with court orders to bring children back to the UK, in instances where one parent has taken them abroad without the permission of the other, can come at a heavy cost. This point was underlined in a recent contempt hearing at the High Court...

Discriminatory Treatment Can Result in Costly Damage to Mental Health

Failing to take appropriate care when it comes to the mental health of employees can not only result in falling foul of employment law; it also comes with a risk of personal injury being inflicted. This was evidenced in an Employment Tribunal (ET) case...

Fraudulent Claim Conspiracy Prompts Exemplary Damages Award

The ripple effect of fraudulent personal injury claims continues to be felt by many members of society, as insurance premiums are driven up and genuine claimants pay the price. It is no surprise, then, that the courts take a dim view of fraudulent 'cash for...

Prisoner Unlawfully Evicted from Housing Association Flat Wins Damages

The concept of unlawful eviction may bring to mind a picture of a malign landlord changing the locks and throwing a vulnerable tenant onto the street. However, a case in which a serving prisoner's protected tenancy was wrongfully terminated during his...

Relationship Status Put Under Spotlight in Divorce Case

Divorce proceedings are rarely cut and dry, especially where the passage of time adds complexity to matters. This was certainly so in a recent case that required a Family Court judge to rule on the validity of a decree nisi . The case centred on the...

First of Its Kind Air Pollution Personal Injury Claim Reaches High Court

The damaging impact of air pollution on public health has long been recognised, with poor air quality said to be the largest environmental risk to public health in the UK. Despite evidence of long-term exposure to air pollution causing a variety of chronic...

Will Execution - Remote Witnessing Legislation Expires

A legal amendment that was made during the COVID-19 pandemic allowing the witnessing of wills to take place via videoconferencing has officially expired. As of 31 January 2024, the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order...

Psychotherapy Condition Leads to Contact Order Appeal

Wherever possible, the courts will do what they can to support contact between parents and children but, in some instances, that contact comes with conditions attached. The nature of such conditions was the cause of contention in recent appeal proceedings...

£20 Million Settlement Achieved for Traumatised Grenfell Tower Firefighters

Personal injury claims brought by 114 firefighters who attended the Grenfell Tower fire have been settled for £20 million in the High Court. The claims were lodged for personal injury and loss caused by alleged negligence and breach of statutory duty....

Beware of Builders Offering Cut-Price Work - Court of Appeal Cautionary Tale

Every householder should understand the dire risks involved in opening their doors to those promising to carry out cut-price building work. A Court of Appeal decision provided distressing examples of almost the worst that can happen . A householder...

Should Original Wills Still be Stored in Paper Form? MoJ Consults Legal Profession

The Ministry of Justice (MoJ) has launched a consultation on the storage and retention of original will documents by HM Courts and Tribunals Service (HMCTS). The consultation is intended as a means to challenge the current system of will storage and look at...

Family Court Transparency Pilot is Extended

The Courts and Tribunals Judiciary has announced the extension of a groundbreaking Family Court reporting pilot. The Transparency Implementation Group Reporting Pilot is being extended to 16 more courts across the country, after an initial run at the family...

Couples Who Keep Separate Finances May Still Need to Discuss Tax Affairs

Even in long-term or married relationships, couples very often operate separate bank accounts and keep their personal finances private from one another. However, as a case concerning the High Income Child Benefit Charge (HICBC) showed , such confidentiality...

Brain Injury and Sports - Rugby Players Pursue Justice at High Court Hearing

In recent years, a spotlight has been placed on the risk of suffering brain injury as a result of concussions caused by contact sports. The matter has now reached the High Court, after a landmark hearing saw more than 200 rugby players apply for a group...

Failing to Make a Professionally Drafted Will Risks Tearing Your Family Apart

Many grieving families have sadly been torn apart by a loved one's failure to make a professionally drafted will. Exactly that happened in a High Court case concerning two brothers who fell out bitterly over which of them should take charge of...

Grown Up Kids Staying On in the Family Home? What Does That Mean in Law?

Loving parents often allow their adult children to remain living in the family home for as long as they wish, in the expectation that they will, in due course, fly the nest. In a case that will ring a bell with thousands of families, the High Court...

Immigration System Detention Period Leads to Personal Injury Claim

Delays that occur within the UK's immigration system can have severe consequences for those being processed, as a recent case that sparked a personal injury claim showed. The claimant, a Nigerian national, had come to the attention of authorities in 2006...

High Court Considers Limits on the Right of Parents to Name Their Children

Parents have a right to name their children and, in modern Britain, the options open to them are almost limitless. However, as a High Court ruling showed , there are rare occasions when a parental choice of forename may conflict with a child's welfare. The...

UK Road Accident Record Placed in the Spotlight

The Royal Society for the Prevention of Accidents (RoSPA) has called for the government to commit to publishing a new road safety strategy for England, in the light of recent statistics that point to 'a dramatic lack of UK road safety progress over the last...

Inheritance - High Court Shows Compassion in 'Mercy Killing' Case

Where one person unlawfully kills another, the killer usually forfeits their right to inherit any part of the victim's property. As a High Court ruling in an exceptionally sad case showed , however, that general rule may be tempered by compassion in cases...

Industrial Accident Victim Receives £350,000 Damages Award

Despite rigorous health and safety improvements over the years, industrial accidents are still not as rare as they could be. However, as a High Court case showed, it is a personal injury lawyer's mission in life to expose negligence and ensure that victims...

Supreme Court Upholds Holiday Illness Claim

Anyone seeking compensation after having their holiday ruined by illness would be well advised to gather as much evidence as possible in support of their claim. A case that went all the way to the Supreme Court indicates that such evidence will normally be...

Mis-selling of Financial Products - Supreme Court Upholds PPI Claim

If you have been mis-sold a financial product, any delay in seeking legal advice may jeopardise your right to compensation – but what if facts on which you might found your case have been deliberately concealed from you? The Supreme Court answered...

Ten-Month Custodial Sentence for Fraudulent Injury Claimant

Most personal injury claims are entirely genuine, but there will always be individuals who seek to exploit opportunities to acquire compensation by dishonest means. As was shown by a recent High Court case, however, they do so at risk of serious sanction. ...

Always Seek Legal Expertise to Help Ensure Your Wishes Are Fulfilled

Having your will drafted by a professional involves only modest expense and has the great advantage of reducing the risk of your bequests being successfully challenged after you are gone. In a case on point, the High Court gave full legal effect to a...

Allergy Rules Should Be Tightened for Restaurants, Says FSA

The Food Standards Agency (FSA) is urging the government to make it compulsory for restaurants to print allergy information on menus, in a bid to better inform consumers and limit the risk of extreme allergic reactions. There is currently no legal...

Family Succession to Secure Tenancies - Court of Appeal Clarifies the Law

In the realm of social housing, there are few more controversial issues than a child's entitlement to succeed to the secure tenancy of a parent on the latter's death. As a Court of Appeal ruling showed , however, succession rights may quite easily be...

Relationship Come to an End? Do You Understand the Tax Implications?

The end of a relationship will often have important tax implications which might only be apparent to a trained professional. That was certainly so in the case of a woman who, following the collapse of her marriage, was saddled with a substantial Capital...

Latvian Road Accident Victim Receives £2 Million Award

Tourists or overseas workers who suffer accidents in the UK may feel that they are a long way from home, but they can be confident that English lawyers will pursue their damages claims with professionalism and vigour. That was certainly so in the case of a...

First Salvo in Bitter Inheritance Dispute Fired Before Deceased Laid to Rest

Making a will when your death is imminent is almost never a good idea and is often a positive invitation to dispute between your loved ones after you are gone. In a case on point, the first salvo in a tragic inheritance dispute was fired even before the...

Divorce - What Happens When Assets are Simply Insufficient to Meet Needs?

For every headline-grabbing 'big money' divorce case there are hundreds of others where a former couple's assets are simply insufficient to meet their reasonable needs. As a High Court ruling showed, judges take a gender-neutral approach to such cases,...

Has Your Home Been Devalued by Public Infrastructure Works?

To state that location is the only important factor when it comes to valuing a home is a cliché and something of a generalisation. However, as an Upper Tribunal (UT) ruling showed , if public infrastructure works render the location of your property...

Going Into Business with a Loved One? Don't Dispense with Legal Formality

Couples who run businesses together are often tempted to dispense with paperwork and rely solely on trust. As a High Court ruling showed, however, any relationship may come to an end, leaving both sides wishing they had taken a more formal approach at the...

Judge's Factual Findings in Congenital Injury Case Ruled 'Plainly Wrong'

It is a very rare event for the Court of Appeal to find that a judge's assessment of factual evidence is plainly wrong. However, that is what occurred in an unusual case concerning serious injury said to have been sustained by an unborn child. The boy's...

Inheritance - Your Right to Seek Reasonable Provision Dies With You

If you have not been reasonably provided for in a loved one's will, the law may come to your aid. However, as a High Court ruling made plain , your ability to seek legal redress cannot itself be inherited and will expire on your death. Following the deaths...

How Good a Guide is an AIM Listing to a Share's Open Market Value?

Most investors would agree that the price at which shares are listed on an accredited investment exchange is as reliable a guide as any to their open market value. A tax dispute concerning a gift of shares to charity , however, showed that such an...

Motorist Cleared of Blame for Four-Year-Old Boy's Devastating Injuries

As a matter of common humanity, most people would wish damages to be paid to children who are seriously injured in road accidents. As a High Court ruling made plain, however, judges must put sentiment aside and dispassionately weigh the evidence in deciding...

Defiant Mother Sentenced for Refusing Father Contact with Their Child

Fathers who are denied access to their children are frequently heard to complain that judges do not do enough to support them. In coming down hard on a defiant mother who refused to countenance her child having contact with her father , however, a family...

Injured Fairground Worker Succeeds in Personal Injury Claim

There are often few, if any, witnesses to accidents at work and accounts of how they occurred may differ dramatically. As a case concerning an injured fairground worker showed, however, judges are adept at weighing up the evidence before reaching conclusions...

This is Why You Should Store Your Will Securely in a Law Firm's Vault

Law firms focused on ensuring their clients' peace of mind generally provide secure storage facilities for their important documents. A High Court inheritance dispute triggered by a landowner's missing will underlined the risks of keeping such documents at...

Property - Not Every One-Sided Bargain is a Product of Undue Influence

Where a transaction appears to be very one-sided or manifestly more advantageous to one side or the other, judicial eyebrows are likely to be raised. However, as a High Court ruling showed, such an imbalance does not necessarily mean that a bargain should be...

Motor Insurers Are Relentless in Exposing Dishonest Road Accident Claims

Road traffic accidents happen in the twinkling of an eye and it is not at all surprising that those involved often give differing accounts of what occurred. As a High Court ruling showed, however, motor insurers are relentless in their pursuit of those whom...

Businessman Reaps Whirlwind After Years of Inattention to His Tax Affairs

Those whose tax affairs are allowed to fall into disarray must live in permanent fear that HM Revenue and Customs (HMRC) will in due course descend upon them. Such anxiety proved well justified in the case of a businessman who was on the receiving end of...

Are You a Crime Victim? You May Be Entitled to Damages for Your Ordeal

Crime victims often feel that they are forgotten by the legal system once perpetrators have been caught and punished. However, as a High Court ruling showed, a phone call to a solicitor may be all that is needed to start a process which in many cases yields...

Divorce - This is Why a Clean Break is Usually the Preferred Outcome

Most divorcees would, wherever possible, prefer to achieve a clean financial break so that they can regain their independence and move on with their lives. A High Court ruling provided a powerful illustration of why that is a sensible choice. The case...

Another Sad Tale of a Farmer's Disinherited Children - High Court Ruling

The tale of a devoted son labouring for years on a family farm only to be cut out of his father's will is so often told as to be almost a cliché. However, as a High Court ruling showed , such stories are often reflected in the sad and recurring...

Lawyers Step In to Protect Accident Victim With No Loved Ones to Turn To

Where seriously injured accident victims have no family or friends to turn to, they can have confidence that personal injury lawyers will fight their corner. In a case on point, a senior solicitor did not let a cancer diagnosis stand in the way of his...

Family Judge Treads the Blurred Boundary Between Life and Death

The ability of modern medical technology to keep patients' hearts beating and their lungs ventilating has led to a blurring of the boundary between life and death. As a High Court ruling showed , it sometimes falls to family judges to make the desperately...

False Claim to Be a Cash Buyer Ruled Fraudulent in Ground-Breaking Case

In coming to the aid of a frail and elderly householder, the High Court has ruled in a landmark case that she was on the receiving end of a fraudulent misrepresentation when a would-be purchaser of her home was falsely described to her as a cash buyer. A...

Going on an Adventure Holiday? Be Very Careful What You Sign Up To

Adventure holidays abroad are increasingly popular but, as a High Court case made plain, tourists should be extremely careful when invited to sign documents before taking part in potentially hazardous activities. A young woman embarked on what was described...

Important Update For Landlords In Wales

Upcoming deadline for Landlords in Wales Landlords and agents in Wales will now be aware of the Renting Homes (Wales) Act 2016 which was implemented in Wales on 01 December 2022; it in effect changed the scope landlords and agents operate and it...

Sometimes Parental Love is Not Enough - Court Sanctions Boy's Adoption

Parents may be worthy of praise and deeply love their children, but it sadly does not always follow that they are able to provide them with a stable home. The High Court made that point in sanctioning a little boy's placement for adoption . Due to concerns...

This is Why You Should Never Make a Will Without Taking Legal Advice

Making a will without the benefit of professional legal advice is an excellent recipe for strife between your loved ones after you are gone. That was sadly so in the case of a cancer sufferer who had no understanding that, when she signed her will, she was...

Personal Injury and Admissions of Liability - Guideline High Court Ruling

Early admissions of liability, based on an overall assessment of the likely outcome of a contested trial, are a common occurrence in personal injury cases. However, the weight of the evidence may subsequently shift and, in a guideline ruling, the High Court...

Can Planning Objections Amount to Harassment? Guideline High Court Ruling

Landowners intent on developing their properties can find it intensely annoying when neighbours resist their plans. However, as a High Court ruling made plain, the right to object to planning applications is one of the benefits of living in a democratic...

Wealthy Divorcee Hit Hard in the Pocket for 'Delinquent' Litigation Conduct

Those who attempt to lie their way to a favourable result in divorce proceedings are more than likely to be found out and hit hard in the pocket. That was certainly so in the case of an elderly entrepreneur who treated his ex-wife's financial claims as if...

High-Interest Loans Can Be Vulnerable to Challenge - High Court Ruling

Borrowers who take out loans at high rates of interest with their eyes wide open may have only themselves to blame. As a High Court case showed , however, such loans may be vulnerable to arguments that they amount to a penalty or are the product of an...

Cabbie Struck by Hit-and-Run Driver Receives £1.4 Million Damages

Even where there is a clear-cut answer to the question of who is to blame for a road accident, assessing the damages due to victims requires the highest level of professional skill. That was certainly so in the case of a taxi driver who suffered devastating...

Even Blinkered, Difficult and Ruthless People Can Make a Valid Will

People may be blinkered, difficult and downright ruthless but that does not mean that they are incapable of making a rational will. The High Court made that point in the case of a highly successful businessman who all but disinherited his children. By his...

High Court Authorises Withdrawal of Young Father's Life-Sustaining Treatment

Many families whose loved ones are in hospital on life support understandably cling to the hope that they will in time recover. As a High Court ruling showed, however, where such hopes run contrary to the weight of expert medical evidence, judges have the...

Over-Egging a Personal Injury Claim is a Fool's Game

There will always sadly be a few accident victims who exaggerate their injuries with a view to maximising their compensation. A High Court ruling, however, showed the extent of legal and surveillance resources that insurance companies are willing to deploy...

Let Down by Your Builders? A Good Lawyer Will See You Right

Many householders are familiar with the often traumatic experience of falling out with builders. However, as a High Court case showed , if their work is not up to scratch or left unfinished, lawyers will bend every sinew to ensure that fair compensation is...

Big Money Divorcees Pay £8.4 Million Price for Their 'Culture of Conflict'

Judges frequently impress on divorcing couples that it is in their own best interests to put conflict behind them and focus on achieving a sensible resolution. However, as a case in which a couple spent £8.4 million fighting over money and their...

Vicarious Liability Can Extend Beyond Those Formally On Your Payroll

An important Court of Appeal ruling provided a clear warning to employers that their indirect – or vicarious – responsibility for the unlawful acts of those who work for them may not be confined to those who are formally on their payroll. The...

Mutual Wills - There is a Big Difference Between Moral and Legal Obligations

There is a big difference between moral and legal obligations. The High Court made that point in finding that mirror wills signed by a married couple did not impose on either of them a binding obligation not to change their bequests in future, save by...

'Humanitarian' Residential Landlord Fails in Novel Banning Order Appeal

Residential landlords who neglect their legal obligations to the point of criminality can be hit with banning orders that are likely to put them out of business. In a case of importance to property professionals, the Upper Tribunal (UT) for the first time...

Road Accident Victim 'Not Fundamentally Dishonest' - Guideline Ruling

Every right-thinking person would agree that those guilty of fundamental dishonesty in their pursuit of personal injury claims should leave court empty-handed. As a High Court ruling showed, however, defining exactly what is meant by 'fundamental' is far...

Adoption - Internet Research Can Never Replace Professional Legal Advice

No amount of internet research can ever replace professional legal advice. A man found that out when his reliance on flawed web content very nearly cost him the opportunity to complete his family by adopting his stepson. The man applied for an adoption...

Woman Denied Non-Resident Status Faces Seven-Figure Tax Demand

HM Revenue and Customs (HMRC) adopts a tough approach when considering whether a person who claims non-resident tax status has spent more than the permitted number of days in the UK. It certainly brooked no compromise in the case of a woman who ended up with...

Terminally Ill Woman's Marriage Triggers High Court Inheritance Dispute

It is quite common for people to get married in the knowledge that they only have a short while to live. However, as a High Court ruling underlined , such a step is often fraught with legal difficulty in terms of inheritance and should never be taken...

Overseas Divorce - Supreme Court Identifies Unjust Defect in Matrimonial Law

A woman's financial claims against her ex-husband following their overseas divorce did not survive his death. In reaching that conclusion, the Supreme Court noted that the case had exposed a defect in the law that can only be remedied by Parliament. After...

Tree Surgeon Hit by Falling Branch Receives Six-Figure Award

If you suffer an accident at work that is not your fault, you can be reassured that a good personal injury lawyer will see to it that you are compensated fairly. In a case on point, a tree surgeon who was struck by a falling branch was awarded six-figure...

Guide On Wales' 20mph Speed Limit Change

A new ruling by the Welsh Government is set to make drastic changes to the speed limit on many roads in Wales, with the speed limit to be lowered to 20mph in Wales. In a vote held in the Senedd on July 12 th , 2022, the Welsh government voted in favour of a...

Adverse Possession - Couple Win Legal Title to Disputed Garden Plots

Even if you do not hold legal title to a plot of land, you may well be entitled to have it transferred into your name if you have been in adverse possession of it for over 10 years and you have reasonably believed throughout that it belongs to you. That is ...

Online Traders are Not Beneath the Tax Authorities' Radar

Some people who trade online do so in the fond hope that the income they generate will fall beneath the tax authorities' radar. A tax tribunal ruling that left one such trader on the verge of bankruptcy showed how very wrong they are. On his relevant tax...

Speed Limits are Not a Target - Motorist Ruled Liable for Running Down Child

Motorists who believe that it is always safe to drive just below the speed limit are guilty of a fundamental misunderstanding of the Highway Code. A judge made that point in guaranteeing substantial compensation for a child who was run down and severely...

Pre- and Post-Marital Agreements Given Full Weight in Big Money Divorce

Couples who enter into pre- or post-marital agreements with their eyes open and with the benefit of legal advice can expect to be bound by them. The High Court made that point in a so-called 'big money' divorce case in which an extremely wealthy woman's...

Undue Influence - Vulnerable Mother 'Coerced' into Making Will

Making a valid will requires an exercise of independent decision-making, free from the undue influence of others. The High Court powerfully made that point in finding that a daughter coerced her ailing mother into bequeathing everything to her. The mother...

Theme Park Operator Succeeds in Roller Coaster Personal Injury Appeal

For businesses found liable in personal injury proceedings, the reputational damage can be every bit as serious as the financial consequences. As a case concerning a theme park operator showed, however, they are entitled to have their arguments carefully...

One Good Reason Why Professional Conveyancing is Always Required

One good reason why professional conveyancing is always required is that lurking in the title deeds of a great many properties are clauses that may heavily restrict their development or any future use to which they can be put. One such clause came under...

Honeymooner in Spanish Hotel Fall Wins Right to Recompense

For British holidaymakers who are injured overseas, obtaining justice can prove a significant challenge. However, as the case of a woman who suffered a life-changing accident on her Spanish honeymoon showed, specialist personal injury lawyers are nothing if...

Declaration of Death Opens Way for Administration of Missing Teacher's Estate

When a person goes missing without trace, the fact that their assets are left in limbo often adds to the agony suffered by their loved ones. However, as a High Court ruling in a very sad case showed , such impasses can if necessary be broken by a judicial...

Stamp Duty Avoidance Scheme Goes Pear Shaped - A Cautionary Tale

Tax avoidance schemes are not always effective and can have serious unforeseen consequences. In a telling case on point, a man was required to pay the entirety of the Stamp Duty Land Tax (SDLT) due on a seven-figure property transaction, a bill that he would...

Catastrophically Injured Pedestrian Receives £3.2 Million Damages Award

In many road accident cases, assessing where responsibility lies is anything but a straightforward exercise. However, this difficulty was successfully tackled in a seven-figure settlement of a catastrophically injured pedestrian's claim. The middle-aged...

Family Judge's Challenging Interventions Rendered Care Hearing Unfair

Judges are not expected to sit placidly on the bench, silently listening to barristers' arguments. However, as a Court of Appeal ruling in a case of critical importance to the future of two children showed , there comes a point where excessive judicial...

Vulnerable Child Abused by Charity Worker Receives £150,000 in Damages

Children who suffer sexual abuse are entitled both to see their tormentors punished by the criminal law and to damages. In a case on point, a young woman who was violently preyed upon by a charity employee received a six-figure award. When in her mid-teens,...

Court of Appeal Analyses Will Revocation Clause in Guideline Decision

Included in most people's wills is a clause that has the effect of revoking all their previous wills. Such straightforward provisions are usually uncontentious but, as a guideline Court of Appeal ruling showed, they can give rise to difficulties where a...

Accident Reconstruction - CCTV Footage is Useful but Not Always Decisive

CCTV cameras are nowadays ubiquitous in public places and can greatly ease the task of accident reconstruction experts. As a case involving a young man who was struck by a train showed, however, imperfectly positioned cameras or gaps in footage can still...

Local Authority Taken to Task for 'Dismal' Treatment of Homeless Family

Homeless applicants for public housing have a right to expect more than unthinking and mechanistic responses from local authorities. In powerfully making that point , a judge described aspects of a council's handling of a young family's case as nothing...

Mother Not Responsible for Toddler's Shocking Injuries - Family Court Ruling

It is every parent's worst nightmare to be accused of injuring their child. However, as a Family Court ruling showed , such allegations are subject to intense judicial scrutiny, which in some cases results in complete exoneration. An autistic toddler was...

Inheritance Dispute Focuses on Successful Family Catering Business

When making your will, the general rule is that you are free to leave your assets to whomsoever you wish. However, as a High Court case concerning ownership of a thriving family business showed , such testamentary freedom may be restricted by agreements...

Couple Injured When Taxi Braked Hard Receive Substantial Award

It is often impossible to discern with absolute certainty the cause of road accidents that occur in the twinkling of an eye. As a case concerning a couple who were injured in the back of a taxi showed, however, judges are well versed at seeing where the...

Even Acts of Generosity Should Be Properly Documented - Cautionary Tale

Even acts of generosity can lead to litigation if the basis for them is not professionally documented. That was sadly so in the case of a businessman who stepped forward to rescue close family friends from the threat of homelessness. A couple with five...

Is Your Landlord Harassing You? You Don't Have to Just Grin and Bear It

Tenants have a right peacefully to enjoy their homes, free from harassment by their landlords. A judge succinctly made that point in awarding substantial compensation to a couple whose landlord was anxious to see the back of them so he could refurbish and...

Personal Injury Lawyers Succeed in Identifying Dangerous Driver

Dangerous drivers leave chaos in their wake, but it can be hard to identify them, let alone hold them legally responsible for the accidents they cause. However, in one striking case, personal injury lawyers surmounted that challenge and achieved a good...

Moving in Together? Do You Understand the Legal Ins and Outs?

Couples who move in together commonly believe that their shares in the property will reflect their respective financial contributions to the purchase price or mortgage. As a High Court ruling made plain, however, such assumptions are often mistaken in that...

Breaking the Deadlock of Competing Divorce Petitions at Home and Abroad

When married British couples separate whilst living overseas, it is quite common for competing divorce petitions to be issued both in England and abroad. A High Court ruling provided a useful illustration of the judicial approach to jurisdictional issues ...

Falsely Imprisoned Window Cleaner Receives Police Damages

If you are unlawfully arrested or detained by the police, the law will see to it that you are compensated fairly. In a case on point, a window cleaner who was arrested and held in custody after a financial dispute with a customer reached boiling point was...

Making a Will? You Mustn't Forget Your Family and Financial Dependants

When making your will, you may, for one reason or another, choose to distribute your estate unevenly between your loved ones. However, as a High Court ruling showed , you are under an overriding duty to make reasonable provision for members of your family...

Pedestrian Hit by Car in Early Hours Awarded £1,675,000 in Damages

No two personal injury cases are the same and assessing the appropriate amount of damages always requires expert professional judgment. That was certainly so in the case of a young man who sustained a catastrophic brain injury when he was struck by a car in...

Religious Leader's Employment Contract 'Was Illegally Performed'

Those who seek the protection of the law with metaphorical dirty hands are likely to receive short shrift. An Employment Tribunal (ET) powerfully made that point in the case of a religious leader who had engaged in tax evasion. The man launched...

The Validity of a Pre-Nuptial Agreement Often Depends on Top-Quality Legal Advice

Pre-nuptial agreements (PNAs) which are not entered into freely or which have unfair results will generally not be worth the paper they are written on. However, as a High Court case showed, judges are far more likely to treat them as valid if they are signed...

Neighbours' Disputes - Negotiate Now or Pay a High Price Later

Many neighbours' disputes may, at least to an outsider, appear trifling. However, as a High Court ruling showed , they matter very much to those involved and, in the absence of amicable negotiation, they can very easily become ruinously expensive. A...

Ex-Soldier's Personal Injury Claim 'Tainted by Fundamental Dishonesty'

The vast majority of personal injury claims are entirely genuine. However, as a High Court ruling showed, there are very sadly a dishonest few who, in pursuit of large sums in compensation, present exaggerated or fabricated cases. The case concerned an...

You Are Duty-Bound Reasonably to Provide for Your Dependants in Your Will

Making reasonable provision in your will for those who depend upon you financially is a duty, not a choice. A judge made that point in coming to the aid of two sisters who were left in acute need when their father bequeathed them nothing. In a will made...

Tax Residency - Australian Entrepreneur Challenges Million-Pound CGT Bill

The belief that you cease to be a UK resident for tax purposes simply by staying out of the country for a certain number of days is a common fallacy. As a TV personality, entrepreneur and property investor found out to his cost, the legal test is very much...

Adopted Pensioner's Quest to Find Her Birth Parents Finally Bears Legal Fruit

Many adopted people feel driven to embark on long and demanding quests to find their birth parents. In one case, decades of painstaking research paid off when a woman in her late 70s was granted a court order that completed her sense of identity . The...

Teenage Road Accident Victim Awarded Almost £3 Million in Damages

Promising young lives are sadly ruined every day by road traffic accidents. Nothing can make up for such tragedies but, as a High Court case showed, compensation can at least soften the blow and give hope for the future. The case concerned a teenager who...

You Don't Have to Put Up With Online Harassment

In an era of easy, internet-based mass communication, reputations can, without a shred of justification, be destroyed at the click of a button. As a High Court case showed, however, victims of such behaviour can, with expert legal assistance, achieve both...

Charity Must Pay Damages Following Hostel Resident's Window Fall

Those who invite visitors onto their property are obliged to take steps to keep them reasonably safe. As the case of a troubled woman who fell from a hostel window showed, even charities are not exempt from that fundamental duty. The middle-aged woman led a...

This Is Why You Should Make a Will Whilst You're Still Hale and Hearty

There are all sorts of good reasons why you should instruct a solicitor to draft your will whilst you are still hale and hearty. As a High Court case showed , waiting until you are old and vulnerable before performing that vital task is to positively invite...

Stamp Duty Land Tax - When is a Property Unsuitable for Use as a Dwelling?

A newly purchased house may require a great deal of renovation and repair work to render it habitable – but does that mean it is unsuitable for use as a dwelling for the purposes of Stamp Duty Land Tax (SDLT)? A tribunal considered that issue in a...

Police Breached Duty of Care Owed to Stabbing Victim

It is notoriously difficult for victims of crime to successfully sue the police on the basis that they failed to match up to their duty of care. However, as the case of a woman who was repeatedly stabbed outside her home showed, it is not impossible. The...

Ex-Couple Spend an 'Absurd' £5 Million Plus Litigating About Their Child

Disputes between separated couples as to how their children should be provided for can, in the absence of compromise, sadly reach epic proportions. That was certainly so in one extraordinary case in which a couple spent over £5 million between them ...

High Court Ruling Underlines the Pitfalls of Making 'Inflexible' Mutual Wills

It is legally possible for couples to make mutual wills by which each binds the other not to alter their bequests at any point in the future, save by mutual agreement. As a High Court ruling showed , however, the inherent inflexibility of such arrangements...

What is an 'Accident' in a Commercial Air Travel Context? Guideline Ruling

The word 'accident' is, in common parlance, often used quite loosely. However, as a case concerning a passenger who slipped on board a Ryanair jet showed, it has a very specific meaning in the context of commercial air travel. Wintry conditions afflicted a...

Setting Up Business in a Garden Outhouse? Make Sure You Read This First

One of the social effects of the COVID-19 pandemic was the creation of a fashion for householders to operate businesses from outhouses in their gardens. However, an important tribunal ruling underlined the legal hazards of such a course . In response to...

Judge Sifts Evidence to Find Motorist Responsible for Serious Road Accident

The speed with which road accidents occur can make it extremely difficult to discern with absolute certainty where fault lies. However, as a case concerning a severely injured motorcycle pillion passenger showed, judges are adept at sifting detailed evidence...

Need Help with Your Tax Affairs? Choose Your Advisers Carefully

Many people who have little understanding of the tax system sensibly seek help from those with greater expertise. However, a case that exposed an apparent loophole in HM Revenue and Customs' (HMRC's) systems showed how important it is to choose your advisers...

Supreme Court Ruling Tests the Boundaries of Vicarious Liability

Employers must compensate victims of misdeeds committed by their employees in the course of their work. That is a true statement, so far as it goes, but a Supreme Court ruling in a case concerning a Jehovah's Witness who was sexually assaulted by an elder in...

Mental Capacity and Divorce - High Court Ends 'Empty Husk' Marriage

Only those with the mental capacity to make important decisions for themselves can consent to marriage – or divorce. However, as a High Court ruling made plain , it is in no one's best interests for the law to maintain a marriage that has become no...

Disappointed Polar Cruise Couple Triumph in Breach of Contract Claim

Almost everyone has returned from a holiday feeling deeply disappointed, but a right to compensation by no means necessarily follows. However, in one case, a couple whose £20,000 polar cruise fell sadly short of their expectations successfully took a...

Delay in Contacting Solicitors Can be Fatal to Your Personal Injury Claim

If you suffer loss or injury as a result of an accident that you believe was someone else's fault, you should contact a solicitor immediately. The potential consequences of delay in doing so were underlined by a case concerning a security contractor's death...

Want to Keep Your Will a Secret? High Court Ruling Underlines the Pitfalls

Tensions simmer within many families and, when making your will, you may wish to keep its contents secret from your loved ones so as to avoid feeding the fire. As a High Court case showed , however, that makes it all the more vital to engage a solicitor to...

Can Managing Your Personal Share Portfolio be a Trade for Tax Purposes?

With widely differing degrees of success, many enthusiastic investors buy and sell shares on their own account in the hope of boosting their incomes – but can such activities be viewed as a 'trade' for tax purposes? The First-tier Tribunal (FTT)...

What Can a Family Judge Do When Faced With a Parent's Absolute Defiance?

In cases where even a succession of stiff prison sentences has failed to bring about compliance with court orders, what is a judge to do? A family judge faced exactly that quandary in the case of a father who defiantly refused to cooperate in arranging the...

Boy Severely Injured in Open-Top Bus Tragedy Receives Damages

Accidents that happen abroad often present particular difficulties for personal injury lawyers. However, as the case of a young boy who almost died when an open-top tour bus was driven into an overhanging tree branch showed, there are few challenges that...

High Court Comes to Aid of Widow Left Almost Penniless by Husband's Will

Failing to make reasonable provision for your dependants in your will is to positively invite discord between your loved ones after you are gone. That was certainly so in the case of a man who bequeathed not a penny to his elderly widow . The man wanted...

Japanese Knotweed Victim Wins Compensation in Landmark Nuisance Case

Landowners should sit up and take notice of the Court of Appeal's ground-breaking decision to award thousands of pounds in compensation to a property investor, the value of whose land was blighted by notoriously invasive Japanese knotweed. The case...

Domicile - Tax Tribunal Delves Back into a Century of Family History

Discerning where an individual is domiciled for tax purposes can involve delving far back into his or her family history. In a case on point, a tax tribunal's inquiries began with the birth of a wealthy businessman's father in Austria at the end of the First...

Lorry Driver 60 Per Cent to Blame for Catastrophic Road Tunnel Collision

Witnesses to road accidents commonly express linear, black and white views as to where responsibility lies. As a case concerning a catastrophic collision in a road tunnel showed, however, judges take a more nuanced and evidence-based approach. After a...

High Court Opens Way for Teenager to Undergo Gender Surgery Abroad

Any proposal for a child to have gender surgery is likely to be subject to close judicial scrutiny. In opening the way for a teenager to undergo a double mastectomy abroad, however, the High Court reminded local authorities that they must always treat the...

Family Judge Intervenes to Protect Unborn Child of HIV-Positive Mother

In rare and exceptional cases, family courts have to intervene to protect the welfare of children even before they are brought into the world. A judge did just that in the case of a baby boy who was at high risk of being born HIV positive . The boy's...

Pensioner with 'Mild Cognitive Impairment' Capable of Making a Valid Will

To make a valid will, you need a certain level of mental capacity. However, as a High Court ruling showed, a flawless memory is not required and those suffering from mild cognitive impairment may not be disqualified from expressing their wishes. The case...

Let Down by a Cowboy Builder? Your Complaints Should Not Go Unheard

So-called 'cowboy' builders who demand overpayment for delayed and shoddy work are a curse on householders. However, as a Court of Appeal ruling showed , the law takes a tough line with dishonest tradespeople. The case concerned a builder's work for four...

Boy Run Down by Reversing Neighbour Receives £600,000 Award

As some football and rugby players will confirm, the consequences of head trauma may not be immediately apparent but can prove devastating as the years go by. In a case on point, a boy who was knocked down by a neighbour as she reversed out of her driveway...

Pre-Nuptial Agreement Given Only Partial Effect in Big Money Divorce Case

Couples who enter into a pre-nuptial agreement (PNA) with their eyes wide open can expect to be bound by its terms. However, as the outcome of a 'big money' divorce case made plain , judges have the power to effectively rewrite them if they fail to make...

Rugby Union Commentator Relieved of £700,000 Tax Demands in IR35 Appeal

Many media personalities who provide their services via their own private companies have, in tax terms, expensively fallen foul of the so-called IR35 legislation. However, in one case, a Rugby Union commentator's company succeeded in overturning six-figure...

Poolside Explosion Victim Receives £120,000 Payout

Accidents suffered whilst you are on holiday can throw up particular legal difficulties when it comes to seeking financial redress. However, as the case of a young woman who sustained serious burns in a poolside explosion showed, expert personal injury...

Feel That You've Been Done Out of an Inheritance? Contact a Solicitor Today

If you feel that you have been unjustly denied an inheritance, you should get in touch with a solicitor straight away. The dangers of delay were made plain by a case in which foot-dragging led to the sacrifice of a possible six-figure legacy. The case...

Mental Health Counsellor Pays Price for Overstepping the Professional Mark

Professional counsellors often have to delve deep into their clients' private lives but must always be careful not to overstep the mark of propriety. The High Court made that point in awarding compensation to a troubled woman whose counsellor recklessly did...

Restrictive Covenants - Objectors Succeed in Blocking Flats Development

If a neighbour has been granted planning permission for a development to which you object, you may feel that there is little or nothing you can do about it. As a tribunal ruling showed, however, you may well be wrong about that. The case concerned a...

Judge Emphasises that a Care Order Does Not Imply Parental Blame

You might think that the making of a care order implies blame on the part of a child's parents. However, as a family judge's ruling in the case of a tragedy-struck 14-year-old girl made plain , you would certainly be wrong about that. The girl was brought...

Serious Road Accidents Can Affect Families for Generations to Come

Road accidents happen in an instant but can have lifelong consequences not just for those immediately involved but for their families and, in some cases, even future generations. That was sadly so in the case of a young woman who was a passenger in her...

Adults Lacking Decision-Making Capacity Should Not Be Equated to Children

Adults who lack the capacity to make important decisions for themselves are entitled to their autonomy and should never be equated to children. The Court of Appeal trenchantly made that point in directing that a man with a severe learning disability should...

Bar Owner Overturns Liability Finding Following Customer's Fall on Spilt Drink

Hospitality venues must take reasonable steps to keep their customers reasonably safe – but that is not a counsel of perfection. The High Court powerfully made that point in the case of woman who suffered a painful fracture when she slipped on a spilt...

Making a Will? Court Ruling Underlines the Benefits of Professional Advice

Engaging a professional to draft your will and give advice has many advantages that may not be apparent at the time. In a case on point, a lawyer's prudence in arranging a medical assessment of an elderly client proved decisive in the Court of Appeal's...

Contact Sports - Victim of 'Reckless' Rugby Tackle Due Full Damages

Participants in contact sports voluntarily accept a risk of injury – but what they do not do is submit to the threat of recklessly dangerous play. A judge powerfully made that point in the case of a young mother of two who suffered a catastrophic...

Businessman Pays Dearly for Delay in Lodging VAT Penalty Appeal

Those dissatisfied with HM Revenue and Customs (HMRC) decisions must exercise any right of appeal within tight legal time limits and should consult a solicitor as a matter of urgency. The point was powerfully made by the case of a businessman who failed to...

No Undue Pressure Involved in Divorce Deal Toasted with Champagne

It is quite common for divorcees to claim that they have been placed under undue pressure to strike an unfavourable financial deal. In a big money case, however, a judge ruled that a wife was no lamb to the slaughter but voluntarily signed up to a...

Child Road Accident Victims Need Compensatory Awards to Last a Lifetime

Children injured in road accidents may be left with devastating disabilities and need enough compensation to last them throughout their lives. This was demonstrated in a case involving a seven-figure damages payout for a young woman who was a toddler when...

Landowner Target of Poison-Pen Letters Receives Substantial Damages

There can be few things more wounding or worrying than to be on the receiving end of a poison-pen letter campaign. However, as a High Court ruling showed , the law provides an effective means by which victims of such behaviour can achieve both public...

Wind Turbine Technician Due Recompense for Severed Left Arm

Even the most careful employees can suffer industrial accidents for which even the most safety-conscious employers can be held responsible. The High Court made that point in the case of a technician whose left arm was traumatically amputated whilst he worked...

Cancer Sufferer's Belated Will Triggers Bitter Family Inheritance Dispute

Those who delay making a will until they are at death's door create a very real risk of conflict amongst their loved ones after they are gone. That was sadly so in the case of an elderly man who was in hospital, suffering from advanced bladder cancer, when...

Family of Cyclist Killed in Road Collision Receive Justice

When a loved one dies due to another's negligence, the impact on their family is unquantifiable in money terms. However, as a case concerning a father of two who was killed in a road accident showed, personal injury lawyers do all in their power to soften...

Landowner Relieved of £98,000 Stamp Duty Bill in Country House Appeal

Large houses set amidst rolling acres are an abiding feature of English rural life – but should such properties necessarily be viewed as wholly residential? In answering that question in a landowner's favour, the First-tier Tribunal (FTT) relieved him...

Property Investment - Professional Supervision is Vital to Guard Against Fraud

Fraud is a very real risk faced by investors in property developments and that is why detailed professional supervision of projects is so essential. The point was powerfully made by a case in which a family fell victim to dishonesty and lost millions on the...

Birth Certificates Are Not Set in Stone - High Court Paternity Declaration

The fathers of those who are given up for adoption as babies are often not identified on their birth certificates and that can be a painful barrier to their formation of cultural and family identities in later life. As a High Court ruling showed, however,...

Package Holidays and Consumer Credit - Court of Appeal Test Case

If you suffer an accident whilst on a holiday that you have paid for with a credit card, is any claim you might have against the card issuer confined to you alone, or does it extend to others on vacation with you? The Court of Appeal considered that issue in...

Injured by an Uninsured Driver? Don't Give Up Hope of Damages

Victims of uninsured drivers may feel that they are in a weak position when it comes to securing compensation. However, as was shown by a case in which a severely injured motorcyclist received seven-figure damages, dealing with such difficulties is all in a...

High Court Refuses to Authorise Collection of Gametes from Dying Student

Is it right for gametes – sperm or eggs – to be collected from dying people who can make no choices for themselves so that their genetic legacy can live on after they are gone? The High Court grappled with that issue in a desperately sad case . ...

Failure to Comply with Health and Safety Duties Leads to Life-Changing Injury

If a tradesman sustains injury whilst working on a client's premises, should the client be liable to pay compensation? The High Court pondered that important issue in the case of a builder who fell through a barn roof, suffering a catastrophic injury. The...

You Are Obliged Reasonably to Provide for Your Dependants in Your Will - No More

When making a will, it is vital to remember your obligations to family members and others who depend upon you financially. As a High Court ruling showed , however, your duty is to make reasonable provision for them – no more. The case concerned a...

High Court Gives Effect to French Marriage Contract in Big Money Divorce

When spouses each make valuable contributions to a long marriage, the general rule is that marital assets should be divided equally in the event of divorce. As an unusual High Court ruling concerning the validity of a French marriage contract showed,...

Victim of Drink/Drugs Driver Receives Justice

When you get behind the wheel, you necessarily place trust in the good sense and competence of other drivers. However, as was shown by a case in which a gravely injured accident victim received seven-figure compensation, expert personal injury lawyers are...

Shareholders Relieved of Income Tax Liability on Dividends that Went Unpaid

Shareholders are obviously liable to pay Income Tax on their dividends, but what if a declared dividend is not – and, in reality, never will be – paid? A tax tribunal pondered that issue in a case concerning an otherwise successful property...

Increase in Rainfall Looms Large in High Court Neighbours' Dispute

In a head-turning decision, the High Court has acknowledged that increased rainfall arising from environmental changes was one cause of excess seepage of water from a landowner's field into a neighbouring domestic garden. The garden owner sought an...

Running a Business from Home? Are You Sure You're Allowed To?

With many more people running businesses from home in a post-COVID-19 world, the spotlight has inevitably fallen on commonplace restrictions on the use to which domestic premises can lawfully be put. In a case on point, a couple required a tribunal's...

Mother Sues Private Prison Operator Following Drugs Death in Custody

The prevalence of potentially lethal psychoactive drugs in the UK prison system is sadly well known. In the context of a mother's claim that the circumstances of her son's death in custody amounted to a violation of human rights, the High Court considered...

Solicitor's Evidence Decisive in Resolving Bitter Family Inheritance Dispute

Taking legal advice when making your will is more than likely to reap dividends after you are gone. In one case, a solicitor's wholly reliable evidence proved decisive in resolving an extraordinarily bitter family inheritance dispute . By his final will, a...

Look Right, Left, Right...and Left Again - Court of Appeal Road Crash Ruling

Whenever you pull out of a minor road onto a major one, the driving teacher's classic instruction to look right, left and right again should come to mind. However, what is safe depends on all the circumstances and, in one case, the Court of Appeal has ruled...

Foreign Surrogacy Arrangements - High Court Underlines the Hazards

Delays in surrogacy treatment in England may be long but, as a High Court ruling showed , those who look abroad to fulfil their desire for parenthood may well be placing their own and their children's legal status at risk. The case concerned a same-sex...

You Are Entitled to Rely on Ostensibly Competent Professional Tax Advice

When it comes to tax matters, there is a tendency for fiscally inexperienced people to simply sign whatever documents their accountants put in front of them. That can be a risky approach but, as a First-tier Tribunal (FTT) ruling showed, there is often an...

Landowner Not Liable for Garden Wall Collapse - High Court Ruling

Landowners whose properties adjoin public highways are under a duty to ensure that passers-by are not put at risk by rickety walls or fencing. The extent of that obligation came under analysis in a case concerning a 150-year-old garden wall that collapsed in...

Residents Blighted by Noise Nuisance Granted High Court Abatement Order

If the tranquillity of your home is blighted by noise or any other form of nuisance, you don't have to just grin and bear it. In a case on point, the High Court came to the aid of residents who said that their lives were rendered a sleepless purgatory by...

What Amounts to 'Marital Reconciliation'? Unique High Court Ruling

Some couples have second thoughts in the midst of divorce proceedings and get back together. However, in a unique decision, the High Court has ruled that the resumption of a toxic relationship does not amount to marital reconciliation . The case concerned...

Crash Victim Secures Seven-Figure Settlement

Road traffic accident victims can encounter very real difficulties in proving the extent of their long-term disabilities. As one case showed, however, personal injury lawyers are adept at cutting through such contentious issues and achieving very substantial...

Ambiguous Wills Are a Recipe for Strife - But the Law Can Bring Certainty

Any ambiguity in your will creates a risk of strife amongst your loved ones after you are gone and that is one good reason why professional drafting is so important. As a High Court case showed , however, judges are adept at resolving uncertainty and...

Consumer Rights - Sports Car Buyer Receives £117,000 Refund and Damages

When buying anything, from a toothbrush to a luxury car, consumers are entitled to expect that their purchases are of satisfactory quality. The point was made by the case of a woman whose high-end sports car sprang a catastrophic leak . About 15 months...

Unlawful Retention of Data - Police Force Ordered to Pay £36,000 Damages

In a ground-breaking case, a disabled young man has been awarded £36,000 in compensation against a police force that breached his human rights by taking the disproportionate step of retaining certain information and data about him. The man suffers...

RAF Officer Injured Abroad Must Pursue Claim in Cyprus, Court of Appeal Rules

When UK citizens suffer accidents abroad, the question of whether they can pursue compensation claims in this country comes down to where they are domiciled. An important Court of Appeal ruling on point concerned an RAF officer who was stationed in Cyprus...

Mortgage Brokers' Duties Come Under Analysis in Guideline Ruling

To what extent are mortgage brokers required to consider the security or otherwise of underlying investments that their clients hope will, in due course, repay a loan? The High Court considered that burning issue in the case of a couple whose foray into...

International Child Abduction - Habitual Residence is Often the Crucial Issue

The outcome of international child abduction disputes very often depends on a single issue – where is the child concerned habitually resident? That was certainly so in the case of a toddler with an English-born mother and an Israeli father . The...

Injured Minicab Driver's Claim Jeopardised by 'Lamentable' Litigation Delay

Delay is a common cause of injustice, and anyone involved in litigation should know that judges take a firm line against foot-dragging. In one case, a road accident victim whose case was allowed to go to seed for a prolonged period came within an ace of...

Wealthy Businessman's Prolific Will Writing Triggers Inheritance Dispute

Prolific will writing is very often symptomatic of a complicated life. That was certainly so in the case of a wealthy businessman who wrote four wills, benefiting different members of his family, during the final 40 years of his life. The man had a large...

Angry Litigant Narrowly Escapes Jail for Foul-Mouthed Abuse of Family Judge

Judges are well aware that litigation is stressful and that those involved may become angry or frustrated – however, there is a point at which abusive behaviour crosses the line. In a case on point , a man whose foul-mouthed tirade left a family judge...

Football Match Attendance Proves Pivotal in UK Residency Tax Dispute

In order to establish that you have become a non-UK resident for tax purposes, you need to show a change in the pattern of your life amounting to a real loosening of your ties to this country. A wealthy businessman who failed to pass that test had reason to...

How Much Weight Should be Given to Pre- and Post-Nuptial Agreements?

In many big money divorce cases, disputes concerning the validity and enforceability of pre- and post-nuptial agreements take centre stage. However, as a Family Court ruling showed , such agreements do not displace the judicial obligation to achieve a fair...

This is Why You Should Appoint a Professional to Administer Your Estate

When making your will, there are very good reasons why it makes sense to appoint a professional to administer your estate. A High Court ruling showed why the modest cost of doing so is very nearly always well worth it . After some relatively small...

Horse Owner Not Liable for Tragic Road Accident Caused by Loose Mare

The concepts of blame and responsibility obviously cannot be applied to animals and it is their owners who are most at risk of legal liability if they cause injury to humans. A case concerning a loose horse that triggered a catastrophic road collision,...

Determined Not to Go Into a Care Home? Your Wishes Are Due Full Respect

Many frail and vulnerable people have an antipathy to institutional care and wish for nothing more than to stay in their own homes. That may not always be feasible but, as a Court of Protection ruling showed, judges pay the greatest respect to their freedom...

Householder Plagued by Aircraft Noise Receives £75,000 Compensation

If noise arising from major infrastructure projects disturbs your peace and diminishes the value of your home, you have a legal right to fair compensation. In a case on point, a householder living a mile away from an extended airport runway was awarded...

Leaving Home - Mother Ordered to Respect Disabled Son's Independence

The wrench of a child leaving home is a tough experience for many parents and that can be particularly so when the child is disabled. However, as a Court of Protection case showed , not even parents are entitled to stand in the way of their offspring...

John Lewis Cleared of Liability for Pensioner's Car Park Tripping Accident

Not every accident is someone else's fault. The High Court powerfully made that point in the case of an elderly man who sustained devastating injuries when he tripped over a kerb in a car park adjacent to a Waitrose supermarket. The man, in his 80s, was on...

British Biker Gravely Injured in Germany Guaranteed Full Recompense

It is perhaps inevitable that British motorists who are involved in road accidents on the continent often face claims that they were driving on the wrong side of the road. A case concerning a motorcyclist who was gravely injured in Germany showed, however,...

Making a Will? You Are Obliged to Remember Your Financial Dependants

When making your will, it is vital to bear in mind the responsibilities you owe to those who depend on you financially. In a case on point, the High Court came to the aid of a 12-year-old boy whose aunt treated him as if he were her own child throughout...

Trading Via a Company - Fitness Coach Faces COVID-19 Grants Clawback

Conducting your trade through the medium of a limited company can bring tax and other benefits. However, as a case concerning the clawback of COVID-19 support grants paid to a fitness coach showed , it can also have disadvantages, not all of which can be...

Injured Motorcycle Racer Receives Judge's Praise - But No Compensation

The courage of many accident victims is deserving of great admiration, but judges are required to put sympathy aside when considering issues of liability. The High Court staunchly observed that principle in the case of a motorcycle racer who sustained...

Want a Loved One to Succeed to Your Council Tenancy? See a Lawyer Today

If you are a council tenant and are anxious to ensure that a loved one succeeds to your tenancy after your death, you should seek legal advice straight away. A High Court case powerfully illustrated the potentially dire consequences of failing to do so. The...

Divorce - There Can Be a High Price for Failing to Negotiate Responsibly

Divorcees who are unwilling to give ground and negotiate responsibly with a view to achieving a financial settlement with their ex-spouses are highly likely to pay a stiff price for their lack of flexibility. The High Court emphasised the point in a...

Are 'Smart' Motorways Safe? High Court Ruling Begs the Question

Are so called 'smart' motorways, which lack hard shoulders, safe? An answer to that question was implicitly begged by a High Court case concerning a catastrophic accident involving a minibus filled with university students, one of whom died. The...

Considering Making a Home-Made Will? Read This and Think Again

The trouble with wills that have not been professionally drafted is that they very often signally fail either to accurately reflect the testator's wishes or to achieve fairness. That was certainly so in the case of a man who, by his home-made will, all but...

When Does a Local Authority 'Assume Responsibility' for a Child in Need?

It is not uncommon for abuse victims to claim that their lives have been wrecked by a local authority's failure to properly protect them during their childhood. A landmark Court of Appeal ruling has gone some way to easing their path to justice. The case...

Plagued by Noise Nuisance? You Don't Have to Just Grin and Bear It

Sporting and other community facilities are obviously desirable but, as a guideline High Court ruling showed , there are effective legal steps you can take if they become a magnet for anti-social behaviour that amounts to a statutory nuisance. Three...

Tired Bakery Van Driver Solely Responsible for Catastrophic Motorway Pile-Up

Motorway collisions commonly involve multiple vehicles and it can be a very difficult forensic task to discern where responsibility for them lies. The High Court, however, rose to the challenge in ruling that a bakery van driver was solely to blame for one...

Medical Treatment - Discerning the Wishes of Those Who Can't Express Them

Family judges are often called upon to make agonising decisions concerning medical treatment of those who have lost the ability to express their own choices. However, as one case showed, they bend every sinew to discern what their wishes might be and to...

Causation Issue Stymies Assaulted Teacher's Personal Injury Claim

Employers are required to perform risk assessments and to have policies in place to ensure the reasonable safety of their staff. As a Court of Appeal ruling concerning a pupil's assault on a teacher showed, however, it can be very difficult to prove that...

Parental Contributions to Children's Businesses - Legal Certainty is Priceless

It is commonplace for parents to put their hands in their pockets to help their children set up in business. As a High Court ruling in a bitterly contested inheritance case showed , however, a failure to formally document the precise legal basis on which...

High Court Overturns Finding of Fundamental Dishonesty

Few would quarrel with the principle that, where personal injury claims are tainted by fundamental dishonesty, they should be dismissed in their entirety. As a High Court ruling showed, however, there must always be a fair opportunity to answer such grave...

Child's Birth to Same-Sex Couple Triggers Bureaucratic Tangle

No one should be surprised to hear that, when a same-sex couple have a child following lawful IVF treatment, each of them has a right to be registered as the child's legal parent. However, as a High Court case showed , whilst the law has generally kept pace...

State Immunity and the Targeting of Dissidents in the UK - Landmark Ruling

It is an established fact that certain foreign powers resort to violence and the use of surveillance software to target dissidents in the UK. In a ground-breaking ruling, the High Court considered whether the principle of state immunity precludes them from...

Read This to Understand Why Professional Will Drafting Really Matters

When interpreting wills, judges focus on the actual words used and that is one good reason why professional drafting really matters. As a guideline case showed , only in the event that the wording of a will is meaningless or ambiguous will extraneous...

Road Accidents - Has the Time Finally Come for 'No-Fault' Damages Awards?

The debate over whether there should be 'no-fault' damages awards for injuries caused in road accidents has been raging for decades. The law, however, currently requires proof of negligence and – as a Court of Appeal ruling showed – that means...

Concerned Homeowner Succeeds in Blocking Neighbours' Extension Plans

There are few things more concerning than a proposal by your neighbours to extend their property in a way that may threaten the structural integrity of your home. As one case showed, however, voicing your opposition to such a proposal via the planning system...

Foot-Dragging Divorcee Pays Price for Unnecessary COVID-19 Adjournment

Some divorcees drag their feet in a misguided attempt to put off the hour when they must divide their assets with their ex-partners. However, a case involving a husband who caused costly delay when he asserted that he had COVID-19 showed that family judges...

Relationship Ended in Acrimony? A Defamation Claim May Not Be the Answer

The acrimonious end of intimate relationships is sadly often marked by the making of wounding accusations. However, as a High Court case made plain , anyone involved in such personal disputes should think long and hard before resorting to defamation...

'Fundamentally Dishonest' Accident Victim Stripped of Award

The vast majority of accident victims are entirely honest, but there are sadly always a few who exaggerate their suffering with a view to upping their compensation. A High Court ruling served as a stern warning that those whose claims are infected by...

Personal Injury Trust Amended to Remove Professional Trustee Requirement

The majority of personal injury and clinical negligence claims culminate in an agreed financial settlement. However, as one case showed, such deals do not mark the end of the supervisory role played by judges in ensuring that often very large sums in...

Make a Professionally Drafted Will Before Time Catches Up With You

It is a sad fact that many people lose their ability to make rational decisions in old age and that is why it is so vital to make a professionally drafted will before time catches up with you. The point was powerfully made by a High Court ruling . About...

Commercial Property Investor Succeeds in CGT Appeal

Losses incurred on the disposal of an asset can be set against future profits on other investments for Capital Gains Tax (CGT) purposes. As a First-tier Tribunal (FTT) ruling showed , however, behind that simple statement lie layers of complexity. The case...

Requirement for Written Consent Waived in Unique Embryology Test Case

In a unique decision arising from a woman's tragic death when pregnant with twins, the High Court gave posthumous effect to her longstanding wish to have a child by granting her bereaved husband permission to make use of an embryo stored in a fertility...

Provisional Damages in Asbestos Claims - High Court Breaks Fresh Legal Ground

Those in the early stages of asbestos-related illness often receive an initial award of damages on the basis that they can seek further compensation in the event that their condition deteriorates. In a ruling which broke new legal ground , the High Court...

Highway Authority Not Responsible for Catastrophic M25 Lorry Crash

Those involved in catastrophic road accidents frequently point the finger of blame at potholes or other defects in the road surface. As one case showed, however, it can be an uphill task to pin responsibility for such accidents on highway authorities. The...

Land Compulsorily Purchased? You Are Entitled to Just Compensation

If your land has been compulsorily purchased to make way for a public infrastructure project, you are entitled to full and fair compensation. Local authorities may be keen to pay as little as possible in such cases but, as an Upper Tribunal (UT) ruling...

Fatal Flying Accident in Portugal Triggers Jurisdictional Debate

When accidents happen abroad, the first hurdle that must be overcome in seeking compensation in this country is to show that the claim falls within the jurisdiction of the English courts. That can be a far from straightforward task but, as one case showed,...

Highly Regarded Artist's Death Triggers Court Battle Over His Legacy

When people die, it is the duty of the administrators of their estates to gather in their assets and distribute them to those entitled to inherit them. As a case concerning the contents of a deceased artist's flat showed , however, that task is by no means...

There Is No Duty to Maintain Pedestrian Thoroughfares in Perfect Condition

Highway authorities and private landowners alike are under a legal duty to address tripping hazards so that pedestrians can move around in reasonable safety. As a High Court ruling made plain, however, that is not a counsel of perfection. The case concerned...

Divorce - Financial Proceedings 'Fast Heading for Ritz Hotel Status'

Justice that can be accessed only by the super-rich is not justice at all. A High Court judge made that point in noting that financial remedy proceedings in divorce cases are fast heading for Ritz Hotel status – affordable only by the well-heeled...

Man's 'Debilitating Fear' of Filing a Tax Return Not a Reasonable Excuse

There is such a thing as a reasonable excuse for failing to file your self-assessment tax return. However, in an unusual case, the First-tier Tribunal (FTT) ruled that a businessman's alleged debilitating fear of making a mistake in his return did not...

Personal Injury Settlements - A Bird in Hand Can Be Worth Two in the Bush

When negotiating the settlement of personal injury cases, lawyers know only too well that a bird in hand can be worth two in the bush. That was certainly so in the case of a cyclist who suffered a catastrophic brain injury in a road accident. The woman, in...

Alternative Investments May Be Tempting But Professional Advice is Always Needed

Alternative investments may offer attractive rates of return, but they should never be entered into without professional advice. A High Court case concerning numerous small investors who staked their life savings on the success of an ill-fated hotel...

Own Property Abroad? It's All the More Vital to Make a Properly Drafted Will

No one knows when death will come calling and it is equally a truism that, if you fail to make a professionally drafted will, you store up trouble for your loved ones after you are gone. As an unusual Family Court ruling showed, that is particularly so if...

Riverside Boundary Dispute Focuses on Small-Scale Land Registry Plan

Boundaries between properties are usually marked by a line on a small-scale Land Registry plan but they may be invisible on the ground. Precisely that difficulty was the root cause of a bitter dispute between owners of two riverside homes. The owners could...

Adoption, Searching for Birth Parents and Rectification of Birth Certificates

There can be few questions of greater importance than 'Who is my parent?'. A judge made that point in taking the unprecedented step of enabling rectification of an adopted woman's birth certificate to reflect the identity of her natural father. The...

Traumatised Colleague of Murdered WPC Yvonne Fletcher Achieves Justice

The road to justice for those who have suffered terrible wrongs can be excruciatingly long and hard, but persistence will often win the day. That was certainly so in the case of a retired police officer who was with WPC Yvonne Fletcher when she was gunned...

Self-Builders Achieve Landmark Victory in Capital Gains Tax Appeal

In a ruling which will be greeted with joy by the growing community of self-builders , a couple who made a very handsome return on their 'Grand Designs'-style project have been relieved of a six-figure Capital Gains Tax (CGT) bill. The couple bought a plot...

Aircraft Dismantler Injured in Gas Explosion Wins Right to Full Award

If you suffer an accident at work, personal injury lawyers can be relied upon to do all in their power to ensure you are fully compensated. That was certainly so in the case of a workman who was dreadfully injured in an explosion whilst dismantling a...

Make a Lasting Power of Attorney While You Still Have the Capacity to Do So

Lasting powers of attorney (LPAs) enable thousands of vulnerable people to have their financial and other affairs managed by others whom they trust. However, as a High Court case showed , it is vital to remember that they can only be granted by those who...

Intransigence in Divorce Proceedings Can Come at a Crushing Price

In divorce proceedings, those who make overly ambitious financial claims or fail to enter into reasonable negotiations are highly likely to end up worse off. The point was powerfully made by a case in which a bitterly opposed former couple ran up more than...

Pedestrian Struck Down After Public Event Achieves Justice

Road traffic accidents can, in the twinkling of an eye, turn a happy day out into a life-changing tragedy. That was certainly so in the case of a young woman who was struck by a car and severely injured as she left a public event. The streets were congested...

Non-UK Residency - Tribunal Relieves Taxpayer of £3 Million Tax Demand

Claims to non-UK residency for tax purposes are a political and fiscal hot potato and HM Revenue and Customs (HMRC) are, to say the least, reluctant to accept them. In an exceptional case, however, the First-tier Tribunal (FTT) backed a hard-pressed...

Deaths in Custody - Teenage Daughter Succeeds in Claim

If your human rights are breached, you may well have a right to compensation and should consult a solicitor without delay. In a case on point, a teenager whose father died in prison achieved a substantial settlement of her claim against an NHS trust that...

Saving a Few Pounds on a Home-Made Will May Come at a Frightful Cost

There will always be some people who believe that making your own will represents a sensible economy. However, as a High Court ruling strikingly showed , saving the modest expense of having your will professionally drafted may come at a frightful emotional...

Talented Artist Struck by Stolen Moped Receives Seven-Figure Recompense

Brave and determined road accident victims often make remarkable recoveries even from the most serious injuries and go on to achieve great things in life. However, as a case concerning a talented artist showed, such success need not lead to the sacrifice of...

Defamation - Anonymous Bloggers Are Not Beyond the Reach of the Law

Vindictive bloggers who hide behind a cloak of anonymity may feel that they can use the internet to subject innocent people to abuse with complete impunity. However, in coming to the aid of an academic falsely accused of being a sexual predator, the High...

Restrictive Covenant Derails Village Housing Development

Freehold owners of land generally believe that, subject to planning permission, they can develop their properties in whatever way they wish. However, as a High Court ruling strikingly showed, that is by no means always the case. Two men wished to build...

1 in 20 Homes Left Unoccupied in Swansea and Rhondda, Census 2021 Results Reveal

Recent census 2021 data discovers that an astounding number of properties are left uninhabited in the Swansea and Rhondda areas. The first batch of data from the 2021 Census has been released, and it has revealed some surprising statistics regarding the...

Fathers Should Pay Towards Their Children's Upbringing - But How Much?

It is obviously right that fathers should pick up a fair share of the tab for raising their offspring, but exactly how deep into their pockets should they be made to dig? The High Court tackled that issue in considering whether a wealthy father should be...

Joint Tenants or Tenants in Common? The Difference Can Be All Important

Couples generally either own their homes as joint tenants or as tenants in common. The distinction between the two may not be widely understood but, as a High Court ruling in an inheritance case showed , it can matter very much indeed. The case concerned a...

Who is to Blame for a Road Accident? There's Not Always a Binary Answer

In the heat of the moment, people are wont to express strong, binary opinions as to where blame for a road accident lies but, from the legal perspective, liability issues can be much more difficult to resolve. That was certainly so in the case of a cyclist...

Allegedly Domineering Religious Leader Denies Accusations

Religious leaders by definition have influence over their congregations. However, as a High Court ruling showed, where that influence is alleged to have been abused, the law will not turn away those who claim to have suffered. The case concerned the former...

Entrepreneurs' Relief and the Definition of 'Trade' - Guideline Ruling

At what point can it be said that an embryonic business has begun to trade? A tax tribunal pondered that fundamental issue in a case concerning a claim for entrepreneurs' relief on the sale of a nascent business asset. An investor sold his minority stake...

High Court Analyses Post-Nuptial Agreement in Guideline Divorce Ruling

Pre- and post-nuptial agreements that do not fairly meet the reasonable needs of one divorcing party or the other are unlikely to be worth the paper they are written on. The High Court made that point in refusing to hold a wife to the disadvantageous terms ...

Judge Clears Highway Authority of Blame for Falling Tree Tragedy

Roadside trees can pose a hazard to motorists, but that has to be balanced against their important contribution to the beauty of the streetscape and wildlife habitats. A judge made that point in a case concerning a cherry tree that fell in stormy weather,...

Failure to Make a Will Triggers Family War Reminiscent of Greek Tragedy

Failing to make a professionally drafted will positively invites disputes between your loved ones that can take on the proportions of an ancient Greek tragedy. As a High Court case showed, such discord can even extend to the disposal of your body. The case...

What Standard of Care is Expected of Professional Footballers? Test Case

Football is a fast-moving contact sport involving inevitable risk of injury and, if judges were to impose impossibly high standards of care on players, that would be the end of the sport. The High Court powerfully made that point in subjecting an allegedly...

Lending Money? It Pays to Invest in a Professionally Drafted Agreement

When lending money to friends, acquaintances or anyone else, the terms on which sums are advanced may be entirely clear to you in your own mind. However, as a High Court ruling showed , the absence of a professionally drafted loan agreement is a positive...

Performance of Employment Contract 'Tainted by Illegality' - Cautionary Tale

There is nothing wrong with an employee being paid in a tax-efficient manner. As an Employment Tribunal (ET) ruling showed, however, where such arrangements stray into the realms of unlawful evasion the consequences are likely to be severe. The case...

Accident Victim Plunged Into Apathy Receives Millions in Recompense

Accident victims' injuries can be subtle and not apparent to the casual observer but that does not make them any less devastating. In one case, a young man who sank into a life of apathy due to catastrophic head injuries sustained in a road collision...

Family Judge Heeds Teenage Foster Child's Wish to Change His Surname

Children do not, as a matter of law, have capacity to make important decisions for themselves – but that does not mean that their wishes and feelings are irrelevant. In an unusual case on point, the High Court gave effect to a teenage foster child's...

Inheritance - Daughter's Lies Trigger Rare Finding of Fraudulent Calumny

Sick and vulnerable people can be prone to the malign, even fraudulent, influence of relatives or others who are intent on maximising their inheritance. However, as a High Court case showed , such conduct is unlikely to go undetected. The case concerned a...

Triple Killer Not Guilty by Reason of Insanity Can Claim Compensation

The fundamental principle of law that no one should be permitted to profit from their own wrongdoing is very easy to state but can be far more challenging to apply in practice. That was certainly so in a unique High Court case concerning a man who was in the...

What is an 'Annoyance'? High Court Defines the Correct Legal Test

Restrictive covenants that forbid property owners from causing annoyance, nuisance or disturbance to their neighbours commonly appear in title deeds – but how are they to be interpreted? In the context of a dispute between residents of a housing...

Double Taxation Treaties - Wealthy South African Relieved of £10 Million Bill

Rich individuals often have their feet firmly planted in more than one country and that can give rise to disputes as to where they should be taxed. In a guideline case, the First-tier Tribunal (FTT) considered the position of an extremely wealthy man with...

Help for Road Accident Victim Left All Alone in the World

Some of the most seriously injured accident victims have no close family or friends to look after them and are essentially alone in the world. However, as a High Court case showed, that in no way deters personal injury lawyers from battling for justice on...

Family Judge Labours to Achieve Fairness Between Debt-Laden Divorcees

So-called 'big money' divorces may grab the headlines, but lower-value disputes can often be the hardest to resolve. In a case on point, a family judge laboured to meet the reasonable needs of a divorcing couple whose debts far exceeded their modest...

Make a Will and Appoint a Professional Executor - Two Ways to Avoid Conflict

There is ultimately only so much that you can do to prevent your loved ones falling out over inheritance issues after you are gone. However, as a High Court decision showed, the threat of bad blood developing can be greatly reduced by making an expertly...

Man Who Fell Through Pub Roof Skylight Receives £250,000 Award

Some personal injury claims pose a much greater challenge than others but, even in the toughest cases, specialist lawyers can achieve life-changing results. That was certainly so in the case of a young man who suffered catastrophic injuries when he fell...

Buying Land? Have You Fully Understood Any Restrictions on its Use?

When buying land it is vital to have a full understanding of any restrictions on the use to which it can be put. In a striking case on point, a couple were caught unawares by one such restriction and had their hopes of constructing an equestrian training...

Farmer Towing 'Hidden Death Trap' Wholly to Blame for Catastrophic Accident

A farmer at the wheel of a tractor on a narrow country lane owes precisely the same duty of care to pedestrians as an ordinary driver on a motorway. In a case on point, the High Court ruled that a farmer's inattention and excessive speed was the entire cause...

Lending Money to a Friend, No Matter How Trusted, Carries Serious Risks

No matter how much you respect and trust your friends, lending them money can be fraught with risk and should never be done without first taking professional advice. A case on point concerned a couple who lent £210,000 to a neighbour to help him fund...

'Challenging' Road Accident Claim Settled for £450,000

Some personal injury cases throw up huge challenges for lawyers. However, a case in which a six-figure settlement of a road accident victim's claim was achieved showed that there are few hurdles that cannot be overcome. The middle-aged man was riding his...

Overseas Surrogacy Can Be a Legal Quagmire - Always Seek Expert Advice

Overseas surrogacy arrangements are an effective means of completing families. As a High Court ruling showed , however, they are notoriously replete with legal pitfalls and should never be entered into without first taking professional advice. The case...

What are the Tax Implications of Settling an Employment Tribunal Claim?

When paying money to settle Employment Tribunal (ET) proceedings, employers are not infrequently motivated by a desire to make what they perceive as a nuisance go away – but how should such payments be treated for tax purposes? The First-tier Tribunal...

Interpreting Wills That May Be Ambiguous - High Court Guidance

Even with the most careful drafting, there is always a risk that a will may be capable of bearing more than one meaning. In resolving a family inheritance dispute, the High Court considered the extent to which extraneous evidence of a will-maker's...

Driver Distracted by Mobile Phone Liable for Horrific Freight Train Collision

Judges often have to steel themselves to make tough decisions. In one such case, the High Court reluctantly concluded that a motorist was distracted by her mobile phone and bore at least partial responsibility for a collision with a freight train in which a...

Overlooked Homeowners Fall Foul of Ambiguity in Planning Permission

Finding your way around the intricacies of the planning system without professional advice is, for most people, a near impossibility. The point was powerfully made by the case of a couple whose intimate living space was overlooked by a skylight fitted to a...

Wife Sees Off Bankruptcy Trustees' Attempt to Sell Off Her Home

When people dispose of assets shortly before having themselves declared bankrupt, it is inevitable that eyebrows will often be raised. However, as a judge's ruling showed, it is one thing to allege an improper motive and quite another to prove it. The case...

Judge Opens New Chapter in Woman's Life by Dispelling Dark Family Secret

Dark secrets lurking in your family background are likely to cause you untold pain. As one case showed , however, bringing the truth to light in the safe environment of a family court can draw the sting and bring peace to you and future generations. The...

Absence of Trunk Road Hard Shoulder Triggers Catastrophic Accident

Road accidents that happen in the blink of an eye can have lifelong consequences and that is why awards in such cases frequently run well into seven figures. In a case on point, a young man who was catastrophically injured in a collision after his car broke...

Private Dog Grooming Tutor Denied VAT Exemption

The categories of business that enjoy VAT exemption are highly restricted and any attempt to extend them is likely to encounter stiff opposition from HM Revenue and Customs (HMRC). That was certainly so in the case of a woman who provided private tuition in...

Brexit Triggers Jurisdictional Dispute in Alpine Skiing Accident Case

The sun came up as usual the day after Brexit but, from a legal point of view, much has changed. The point was made by a personal injury claim in respect of a skiing accident in France that was issued in England shortly after transitional arrangements...

Judges Have No Power to Rewrite Valid Wills - Guideline High Court Ruling

Judges have no power to rewrite your will after your death so as to achieve a result which, in their view, better reflects your wishes. The High Court made that point in upholding the validity of a Parkinson's disease sufferer's will although, at least in...

Proving Fundamental Dishonesty in Personal Injury Cases Requires Full Evidence

It is increasingly common for accident victims to be accused of fundamental dishonesty in exaggerating their compensation claims. However, as a judge's ruling in the case of a delivery driver who tripped on a garage forecourt showed, those who make such...

Equal Sharing Principle Delivers Fair Result in £6 Million Divorce Case

When it comes to divorce, it is very common for one spouse to argue that he or she should receive the lion's share of the marital wealth. However, as a guideline case concerning an entrepreneurial couple showed , fairness usually demands that an equal...

Judge Laments Heavy Cost of Suburban Boundary Dispute

Apparently trifling neighbours' disputes over a few inches of land have a nasty habit of taking on the proportions of a state trial, with legal costs to match. That was sadly so in a case concerning the positioning of a fence between two suburban gardens. ...

Lawyers Step In to Protect Negligence Victim Prey to Gambling Addiction

The intense vulnerability of many negligence victims requires lawyers to take careful steps to protect them from exploitation by others and the consequences of their own poor decision-making. A case on point concerned a recipient of a seven-figure...

Donating Shares to Charity - Tax Tribunal Resolves Valuation Impasse

It makes perfect sense that the market value of shares given to charity is deductible from the donor's tax liabilities. However, as an important tax tribunal ruling showed , discerning exactly what that value is can be very far from straightforward. The...

A Drunk Driver's Passengers May Themselves Be Negligent - Cautionary Tale

Those who allow themselves to be driven by motorists who are obviously drunk are likely to be held at least partially responsible for their own injuries if the journey ends in disaster. The Court of Appeal made that point in a guideline case. The case...

Think Hard Before Changing Your Will - High Court Cautionary Tale

Keeping your will up to date is a very good idea, but making changes that are likely to disappoint members of your family who might expect to inherit can be a recipe for dispute after you are gone. That was certainly so in a High Court case concerning a...

Judge Overturns Divorce Decree Based on Wife's Forged Signature

Court orders are sometimes obtained by improper means, but when the truth emerges – as it almost always does – those responsible are bound to pay a crushing price. That was certainly so in the case of a businessman who obtained a divorce on the...

Lasting Powers of Attorney - Why it Makes Sense to Appoint a Professional

Many people very sensibly confer lasting powers of attorney (LPAs) on others so that their affairs can be properly managed in the event that they lose the ability to do so themselves. However, as a High Court ruling underlined , it often makes good sense to...

Insurers' Liability in Respect of Rogue Surgeon's Crimes Limited to £10 Million

The activities of rogue surgeon Ian Paterson, who subjected hundreds of women to incomplete or entirely unnecessary mastectomies, gave rise to a Court of Appeal ruling of great significance to the insurance industry. Over a period of about 14 years,...

Accident at Work Victim Receives £2.6 Million Award

Accidents at work can have life-changing consequences and, if they are someone else's fault, it is only right that full compensation is paid. In one case, a young man who was dreadfully injured when he was run over by a colleague received seven-figure...

Absentee Tenant Pays High Price for Failing to Leave Forwarding Address

Absentee or non-resident tenants who do not leave their landlords with a forwarding address place themselves in acute legal danger. In one case, a tenant who failed to take that sensible step suffered forfeiture of her 140-year lease due to her non-payment...

Tax Ruling - TV Presenter's Personal Service Company Falls Foul of IR35

Media personalities, IT professionals and others often obtain perfectly legitimate tax advantages by providing their services as independent contractors via their own private companies. As one case showed, however, the tax authorities are making...

No Concessions Made in Achieving £5 Million Road Crash Settlement

In striving to achieve the best possible financial outcome for their clients, personal injury lawyers have to know when to compromise and when to dig in their heels. In a case on point, a seven-figure settlement was negotiated for a gravely injured road...

High Court Declares 'Illiterate' Business Tycoon's £100 Million Will Invalid

Your assets are your own and, when making your will, you have complete freedom to leave them to whomever you choose. As a case concerning a business tycoon's £100 million estate showed , however, a will signed without the testator having knowledge and...

Teenager's Wishes and Feelings Prevail in Finely Balanced Adoption Case

Children may not have the capacity to make important decisions for themselves, but that does not mean that family judges ignore their wishes and feelings. In a highly unusual case on point, a 17-year-old girl was granted her adamant wish to be adopted by...

Dental Practice Owner Owed Patient a Non-Delegable Duty of Care

There is such a thing as a duty of care that cannot be delegated to others. The Court of Appeal made that point in finding that the owner of a dental practice bore personal responsibility for a patient's wellbeing although he played no part in her treatment....

Houses in Multiple Occupation - Landlords Overturn Rent Repayment Order

Landlords who rent out houses in multiple occupation (HMOs) without a required licence are exposed to the double whammy of criminal prosecution and the prospect of having to repay rent to their tenants. As an unusual Upper Tribunal (UT) ruling showed ,...

Nightclub Dancer Compensated Following Vicious Assault by Customer

Public-facing businesses are under a clear legal duty to protect their personnel from the risk of assault by customers. In a case on point, a nightclub dancer who was viciously attacked by a client was awarded substantial compensation after a culpable delay...

Moral and Legal Obligations are Different - Family Inheritance Dispute

There can be a world of difference between a moral obligation and a legal one. The High Court made that point in rejecting a daughter's claim that part of her deceased mother's stake in a residential property was held on trust for her. By the unequivocal...

Father Probably Responsible for Fatal Poisoning - Family Judge's Findings

Before deciding where a child's best interests lie, family judges often have to conduct detailed inquiries into the character and conduct of their parents. In a unique case on point , a judge ruled that a father was probably responsible for the fatal...

Road Accident Victim Sees Off 'Fundamental Dishonesty' Accusation

It is increasingly common for motor insurers to attack road accident compensation claims as fundamentally dishonest. However, a High Court case in which a young woman was awarded seven-figure damages underlined the great care with which judges scrutinise...

Do You Object to a Neighbour's Development Plans? Consult a Solicitor

If a neighbour has been granted planning permission for a development to which you object, you would be forgiven for thinking that there is nothing more you can do about it. As one case showed, however, with the benefit of expert legal advice that is by no...

Negligent Jockey Held Liable for Fellow Competitor's Catastrophic Injury

Competitors in almost every active sport voluntarily accept a risk of injury. As a High Court case concerning a catastrophic horse racing accident showed, however, that does not excuse participants from bearing liability for negligence. The case concerned a...

Director Held Personally Liable for Multi-Million-Pound Missing Trader Fraud

Where a company becomes involved in the fraudulent evasion of tax, the corporate veil will rarely protect its directors from personal liability. An elderly businessman found that out to his cost when he received a seven-figure bill that was likely to...

Returning Expatriate Couple Pay the Price for Brexit

Brexit has for years been a constant topic of conversation, but some of its potentially serious consequences remain largely unknown outside specialist legal circles. That was certainly so in the case of a retired couple who were perturbed to receive a...

Land Adjoining the Highway and Occupiers' Liability - Court of Appeal Ruling

To what extent, if any, do occupiers of land bordering highways owe a duty of care to road users? The Court of Appeal considered that important issue in the tragic case of a mother who drowned when she veered off a road into a reservoir. The woman was said...

Divorce - Fairly Dividing Marital Assets is Not a Blame Game

The question of who is to blame for the breakdown of a marriage is often uppermost in divorcees' minds, but it is hardly ever relevant when it comes to fairly dividing up assets. The High Court made that point in the case of a husband who kept two families ...

Disabled Teenager Receives £100,000 Following Inappropriate Restraint

Lightning can, sadly, strike the same individual twice, with the result that those who are already intensely vulnerable have their plight worsened by the negligence of others. That point was demonstrated by the case of a disabled teenager who suffered a...

Update Your Will Today - This is What Can Happen If You Don't

Family relationships can become increasingly complex over time, particularly where marital breakdown intervenes, and that is why it is so important to keep your will up to date. As one case showed, a failure to take that sensible course can positively invite...

High Court Apportions Responsibility for Catastrophic Motorway Crash

Where orderly lines of motorway traffic descend into chaos in not much more than the blink of an eye, it can be very hard to discern where responsibility for an accident lies. However, as one case showed, judges are well up to the task. The case concerned a...

Relationship Broken Down? Do You Understand the Legal Consequences?

When a relationship between partners who jointly own their home breaks down, one of them may move out leaving the other in sole occupation. That is a commonplace scenario but, as a High Court case showed, it can give rise to legal and financial issues that...

Tax Avoidance Schemes, No Matter How Intricate, May Not Be Effective

There is nothing unlawful about tax avoidance schemes but, however intricate and apparently foolproof they may be, their effectiveness can never be guaranteed. A businessman found that out to his cost after one such scheme failed to shield him from a...

Driving Within the Speed Limit May Still Be Too Fast - High Court Ruling

Excessive speed causes more road accidents than anything else and, depending on the prevailing conditions, even a motorist who is driving within the speed limit may be going too fast. The High Court made that point in finding a veteran cab driver 50 per cent...

Disinherited Widow Can Pursue Reasonable Provision Claim Despite Delay

If someone on whom you depend financially dies without reasonably providing for you in their will, you should contact a solicitor straight away. In a High Court case on point , a delay in seeking legal advice very nearly stymied a disinherited widow's claim...

Suffered a Tripping Accident? You May Be Entitled to Justice

Almost everyone has had the experience of tripping on an uneven pavement and, in the majority of cases, pedestrians just pick themselves up and move on. As a High Court case showed, however, lawyers perform a vital role in ensuring that those unlucky enough...

High Court Exercises Inherent Power to Order Children's Return to England

Many families have one foot in the UK and another abroad and that can give rise to parental disagreement as to where their children should live. Wherever in the world British children may be, however, family judges in this country have an inherent power to...

Litigation - You Need a Lawyer to Navigate the Procedural Minefield

The litigation process can, to a non-lawyer, appear to be a maze of procedural rules replete with traps for the unwary. In one case, a woman's claim against a builder went wrong almost from the start when she failed to pay a court fee on time. Following a...

Minimally Conscious Accident Victim Receives Seven-Figure Award

Accidents at work can have devastating consequences and it is very often true that no amount of money can ever make up for the pain and suffering involved. A case concerning a man in a minimally conscious state showed, however, that specialist lawyers can at...

Late Payment of Tax - There Is Such a Thing as a Reasonable Excuse

Those who pay their taxes late can expect punishment – but there is such a thing as a reasonable excuse. In one case, a man who failed to notify the tax authorities of his obligation to pay the High Income Child Benefit Charge was relieved of...

Facing a Bank's Formal Demand for Payment? You Are Not Powerless

When faced with a bank's formal demand for payment, individual debtors can feel that there is little they can do but comply. However, as a High Court ruling showed , with the right legal advice they are very far from powerless. A bank served a man with a...

Accident Partially Your Own Fault? You Could Still Receive Recompense

If you believe that an accident was partially your own fault, you could be forgiven for thinking that compensation is out of your reach. As a High Court case concerning a catastrophically injured pedestrian showed, however, any such assumption may well be...

Ambiguous Wills - Court of Appeal Gives Effect to Deceased's Intentions

Where words used in a will are ambiguous, judges will strive to interpret them in a way that gives effect to the deceased's intentions. An instructive Court of Appeal decision on point hinged on the little-known fact that the Channel Islands are not...

Drain Cleaner Incident - High Court Takes Hard Line on Evidence Disclosure

Experienced litigators will tell you that much of their most important work goes on in the background, long before a case comes before a judge for trial. That was certainly so in a case concerning death and catastrophic injury alleged to have been caused by...

Can the COVID-19 Crisis Justify Reopening Financial Orders in Divorce?

Can the economic havoc wreaked by the COVID-19 pandemic justify the re-drawing of final financial orders made following a divorce? The High Court has ruled in a guideline case that the answer to that question is 'probably not'. The case concerned a couple...

Determined DIY Builders Score Important Victory Over HMRC

You may understandably feel overawed by the might of the tax authorities but, with the law on your side, the balance of power is far more even than you might think. In a case on point, a couple struck an important blow for the cohort of determined people who...

High Court Aids Widow Left in Precarious Position by Husband's Death

If someone on whom you depended for support has died without making reasonable financial provision for you, you should consult a solicitor without delay. In a case on point, the High Court came to the aid of a widow who was left largely reliant on benefits...

Victim of Polish Road Accident Can Pursue His Damages Claim in England

The concept of 'domicile' is notoriously difficult to pin down, but there is no doubting its central importance to many aspects of the law. A case on point concerned a personal injury claim brought by a young man who was attending a wedding in Poland when he...

Parking Obstruction of Rights of Way - The Legal Principles Explained

The parking of cars along shared access routes is all too often a source of acrimony between neighbours. A High Court ruling provided a clear explanation of the legal principles commonly applied when resolving such disputes. The case concerned a lane that...

High Court Clamps Down on Standardised Online Divorce Petitions

The advent of so-called 'no fault' divorce is on the horizon but, until then, a great many divorce petitions will continue to be issued on the basis of unreasonable behaviour by one party or the other. As a High Court ruling underlined , the requirement to...

Cowboy Builders Can Expect Stern Punishment - Court of Appeal Ruling

Cowboy builders who rip off householders are a well-known blight on society. As a Court of Appeal ruling showed , however, judges are well abreast of their activities and culprits can expect severe punishment, up to and including imprisonment. The case...

Seven-Figure Damages for Man Injured in Balcony Fall

A case concerning a man who suffered life-changing injuries in a fall from a balcony served as a reminder of the duty owed by property owners to keep their tenants and visitors reasonably safe. The middle-aged man was on the balcony of a flat when a...

Deduction of Accommodation Costs from Income Tax - Guideline Ruling

You are only able to deduct accommodation and other expenses from your Income Tax liabilities if they have been wholly, exclusively and necessarily incurred in the performance of the duties of your employment. That is a very high hurdle but, as a tax...

Lawyers Praised for Achieving Excellent Settlement of Road Accident Claim

Lawyers are not detectives, but the roles they play in discerning the causes of road traffic accidents are often surprisingly similar. That was certainly so in a case concerning a young man who was seen staggering around in the road moments before he was...

Inheritance and the Impact of Intestacy on Stepchildren

In an era of increasingly fluid family relationships, many children are brought up by step-parents – but what is the consequence of that social change in terms of inheritance? The High Court addressed that issue in a guideline ruling . The case...

Are You a Pandemic Home Worker? Do You Need Planning Permission?

Vast numbers of people have been prompted by the COVID-19 pandemic to take up working or running businesses from home – but do they need planning permission for a change of use? The High Court addressed that burning issue in the case of a personal...

Read This If Your Child Has Been Taken Abroad Without Your Consent

If your right to play a full part in your child's life has been undermined by his or her wrongful removal from England, a specialist family lawyer can help you achieve a reunion. A case on point concerned a baby girl who, without her father's consent, was...

Inheritance Tax Property Valuations - Don't Dispense With Professional Advice

Residential property often represents the majority of a person's wealth and valuing it for Inheritance Tax (IHT) purposes is, par excellence, a matter for professionals. In a case on point, a son who dispensed with expert tax and valuation advice following...

Not Every Accident Can be Explained - Workplace Head Injuries Ruling

Judges are experts at uncovering the truth but, in rare cases, it is simply not possible to decisively establish the cause of an accident. That was so in the case of an HGV driver who had no memory of an incident that left him with life-changing head...

Determined Road Accident Victim Awarded £12.5 Million

Many road accident victims show enormous courage in coming to terms with their disabilities, but some are truly exceptional. That was certainly true of a young man whose great good humour never wavered in the face of catastrophic injuries that merited an...

Father Who Disinherited Daughter Lacked Capacity to Make a Valid Will

You are perfectly entitled to write your children or other close family members out of your will, but such a course can be an invitation to dispute after you are gone. That was certainly so in a High Court case concerning a man who left everything he owned...

Lending Money to Friends? Don't Act Without Professional Advice

The emotional element involved in lending money to friends and loved ones makes it all the more necessary to first seek independent professional advice. A case on point concerned a businessman who lent a small fortune to a close friend but had to launch...

Property Dispute Looming? Now is the Moment to Seek Professional Advice

A word out of place can lead to the sacrifice of valuable legal rights and that is why it is vital to seek professional advice the moment a potential dispute looms on the horizon. The point was made by the case of a couple who faced a challenge to their...

TV Presenter Who Played Crash Test Dummy Receives Recompense

Daredevil antics can make good television but, when things go wrong, broadcasters can expect to carry the legal can. The BBC found that out when it was ordered to pay over £1.6 million in compensation to a presenter who was badly injured whilst playing...

Family of Jogger Killed by Skidding Car Receive £930,000 Award

No amount of money can make up for the death of a parent in a road accident, but it can at least help to soften the blow for their loved ones. The High Court made that point in the case of a Cambridge University graduate who was out jogging when she was...

Divorced Abroad? You Can Still Get a Fair Financial Deal in England

It may come as a surprise but, even if you have been divorced abroad, there is a great deal that an English family lawyer can do to ensure you receive a fair financial deal. In one case, the High Court came to the aid of a woman whose marriage to an...

What Does 'Survivor' Mean? High Court Resolves Inheritance Doubts

Words are not numbers and even the most careful draftsperson cannot guarantee that the meaning of a will is always clear beyond doubt. As a High Court case showed , however, judges are adept at resolving ambiguities so that the true intentions of testators...

Building Site Accident Victim Receives £300,000 Interim Damages

Judges have the power to order advance or interim payments of damages to accident victims who are in need of immediate financial support. In the context of a catastrophic building site accident, the High Court gave important guidance on the precise...

Building Your Own Home? You Need Professional Tax Advice

So-called DIY builders who 'construct' their own homes can reclaim VAT incurred in doing so. As one case showed, however, there is a very great difference between the ordinary English usage of that word and its meaning in VAT legislation. The case concerned...

Indoor Ski Slope Operator Not to Blame for Woman's Agonising Fall

Some sports are inherently risky and unfortunate accidents inevitably occur for which no one is to blame. The High Court resoundingly made that point in the case of a woman who was grievously injured when she fell on an indoor ski slope. The middle-aged...

International Child Abduction - Children's Welfare is Always Paramount

Where one parent moves abroad with his or her children, leaving the other behind, the result can be an international tug of war. As a High Court ruling showed , when called upon to play the part of referee in such contests, the paramount focus of family...

Dying With Your Affairs in Disarray is a Poisoned Legacy for Your Loved Ones

Not every life is profitable, at least in financial terms, and it is important to remember that your debts do not die with you. A High Court ruling showed the serious problems that dying insolvent, without putting your affairs in order, can create for your...

Trainee Stuntman Injured in Gym Accident Receives Six-Figure Damages

Personal injury cases are often hard-fought and it is an uncomfortable fact that genuine accident victims sometimes have their honesty challenged in court. A case on point concerned an athlete whose hopes of becoming a film stuntman were dashed by serious...

Seeking Investment Advice? Only Authorised Practitioners Can Be Trusted

When seeking investment advice, it is vital to only use the services of authorised practitioners who are highly qualified and regulated by law. As a High Court case showed , it is otherwise all too easy to fall into a fraudster's clutches. A woman was...

Catastrophically Injured Cyclist Receives Seven-Figure Award

Cyclists are amongst the most vulnerable of road users and, if an accident happens, personal injury lawyers play a vital role in ensuring that just compensation is paid. In one case, a cyclist who was catastrophically injured when a parked motorist opened...

Homeowner Mis-Sold Solar Panels Awarded Thousands in Compensation

If you buy goods that fail to live up to a salesman's hyperbole, you may be entitled to compensation and should consult a solicitor immediately. In one case, a homeowner who had solar panels installed in the forlorn hope that they would pay for themselves...

Family Judge Gives Girl in Foster Care a New Double-Barrelled Surname

Surnames reflect family heritage and most people view them as an essential part of their identities as human beings. A family judge made that point in choosing a new double-barrelled surname for a little girl so that she would no longer bear a nominal...

Judge Unravels Agatha Christie-Style Plot to Detect Will Forgery

Agatha Christie would struggle to imagine the plots of some inheritance disputes that come before the courts. That was certainly so in one case in which a judge found that a son resorted to forgery in concocting a bogus will after his mother died. Prior...

Neighbours Encroaching on Your Right of Way? Consult a Lawyer Today

Many homes or businesses are only accessible via neighbours' land and that can prove fertile ground for dispute. However, as a High Court case showed , expert lawyers are adept at ensuring their clients' unhindered use of rights of way. A couple's home and...

Wedding Reception Slipping Accident Victim Receives Substantial Damages

Accidents do happen, but if they are someone else's fault you should not delay in consulting a solicitor with a view to seeking justice. A woman who did just that after suffering an agonising fall on a pub dancefloor was awarded more than £30,000 in...

Record Amounts of Inheritance Tax Being Paid in UK

A record amount of Inheritance Tax (IHT) is being recouped from UK taxpayers by the Treasury, according to recent data published by HM Revenue and Customs. The statistics, released in late August, show that £2.1 billion was collected by the government...

The Law is Not in the Business of Discouraging High-Risk Adventure Sports

Adventure sports enthusiasts have a perfect right voluntarily to place themselves in danger and, as a High Court ruling showed, the law is not in the business of discouraging organisers of challenging and high-risk events. The case concerned a very fit...

Confidentiality of the Adoption Process Prevails in Parenthood Dispute

The confidentiality of the process by which an adopted child becomes part of a new, permanent and inviolable family unit is, for very good reasons, sacrosanct. A judge made that point in refusing a man's application for his biological parenthood of an...

Father's Failure to Make a Will Plunges His Widow Into Legal Difficulties

One of the best things you can do for your loved ones is to sign a professionally drafted will. As a High Court case showed , failing to take that easy and cost-effective step is to risk plunging those closest to you into legal difficulties after you are...

Abused Violin Student Awarded £45,000

Sexual abuse of pupils by their teachers is thankfully much less common than it used to be, in large part thanks to perpetrators being publicly brought to book in both the criminal and civil courts. In a case on point, a talented teenager who was preyed upon...

Negligent Education - Boy Let Down by Private School Wins Compensation

Parents who send their children to private school are entitled to expect that they will receive a reasonable standard of education – and, at the very least, that the school concerned has lawful authority to teach them. In a rare case on point , a...

Motorist's U-Turn Was Sole Cause of Catastrophic Accident, Court Rules

Discerning where blame attaches for road accidents that occur in seconds can be a demanding task. In one case, however, a judge had little hesitation in finding that a motorist who attempted to make a U-turn on a trunk road bore sole responsibility for a...

Promoted to Partner in an LLP? Do You Understand the Tax Implications?

Stepping up from the ranks to become a full partner in a limited liability partnership (LLP) involves a fundamental change in status from employment to self-employment. The tax consequences of that shift came under analysis in an important Upper Tribunal...

Homeowner Pays Price for Unauthorised Subterranean Leisure Development

Judges play a crucial enforcement role in the planning process and those who fail to comply with their orders can expect stern punishment. In one case, a homeowner who breached planning control when he built a huge subterranean leisure facility under his...

Childhood Blighted by Local Authority Failings? Consult a Solicitor

If you feel that your life has been blighted by a local authority's failure to protect you during your childhood, you should consult a lawyer straight away. In a case on point, a young man who should have been removed from his mother's care and placed for...

Don't Expect Your Personal Injury Evidence to Go Unchallenged

Those who claim compensation following an accident must be prepared to have their evidence robustly challenged in court. A case on point concerned a man who was struck on the back by a heavy scaffolding pole at work. The welder and fabricator was bent over...

Court Honours Woman's Intentions by Correcting Clerical Error in Her Will

Even the most carefully drafted will can contain inadvertent clerical errors that leave room for doubt as to the document's true meaning. As a High Court ruling showed , however, judges happily have the power to correct such mistakes so as to ensure that...

Divorce - Intransigence and Dogmatism Will Only Increase Your Pain

An intransigent and dogmatic approach to divorce is an infallible way of making the process far more painful and costly. A man who insisted that his ex-wife's financial entitlements should be reduced to reflect the poor quality of their short, childless...

COVID-19 - Court Authorises Cessation of Father's Life-Sustaining Treatment

It often falls to judges to address the most dreadful consequences of the COVID-19 pandemic. That was certainly so in a case where the Court of Protection found that keeping a much-loved husband and father on life support would merely serve to prolong his...

Man Secures Damages for Abuse Suffered as a Child

Those whose childhoods have been blighted by sexual or physical abuse may decide to bury the past and suffer in silence. As one case showed, however, consulting a solicitor is the best way to achieve closure, fair compensation and a sense that perpetrators...

Distinguished Academic Injured in Road Crash Awarded £375,000

Chance does not discriminate and many fruitful lives are wrecked by road accidents. That was certainly so in a case where the autumn years of a distinguished academic were blighted by a brain injury suffered in a collision. A long-time magistrate, the man,...

Making a Will? This is Why You Should Appoint a Professional Executor

Family relationships can be red in tooth and claw and appointing relatives, rather than a professional, as executors of your will can prove a costly mistake. That was certainly so in one case, where bitter litigation between siblings resulted in legal costs...

Inaccuracies In Your Tax Return Are Serious - Seek Professional Advice

Any inaccuracy when filling in your tax return can have severe consequences, so it really does make sense to seek professional assistance. The point was powerfully made by the case of a financier who narrowly escaped a stiff financial penalty after failing...

Exonerated Parents of Bruised Baby Boy Receive Judicial Apology

When children suffer unexplained injuries, few would quarrel with social workers and medical professionals taking a precautionary approach. However, as a family judge's ruling showed , the cloud of suspicion that often hangs over parents in such cases is...

Man Injured in Amusement Park Accident Pays Heavy Price for Exaggeration

The vast majority of personal injury claims are entirely genuine, but there are sadly a few dishonest people who exaggerate their symptoms with a view to boosting the amount of their compensation. That was certainly so in the case of a man who claimed...

Refusal to Restore Car Used in Cross-Channel Smuggling Trip 'Unreasonable'

UK Border Force officers wield a battery of powers designed to combat smuggling – but they must not be exercised unreasonably. The First-tier Tribunal (FTT) made that point in coming to the aid of a woman whose family car was loaded with over 300...

Feel Let Down by Your Personal Injury Advisers? Take Action Today

If you feel that you have been let down by your professional advisers, you need to move fast and launch proceedings as quickly as possible. The potentially grave consequences of delay were illustrated by the case of a road accident victim who claimed that...

Embarking on a Property Development? Consulting a Solicitor is Step One

Before embarking on any form of property development it is absolutely vital to seek a lawyer's confirmation that you are entitled to proceed. The point was underlined by the case of a couple who knocked down their home and replaced it with a block of flats...

High Court Apportions Liability for Worker's Construction Site Fall

Construction workers often do not have formal employment contracts and, in a world where contractors and subcontractors proliferate, it can be hard to tell where legal responsibility lies in the event of an accident. That was certainly so in a High Court...

Don't Delay Making a Will Until You Feel the Hand of Mortality Upon You

Far too many people put off making a will until ill health strikes and reminds them of their mortality. In a striking case on point, the High Court ruled that a will signed by a prosperous farmer when he was in his 80s and suffering from dementia was not...

'Novel and Inventive' Settlement of Road Accident Claim

When negotiating settlements of personal injury claims, lawyers aim to meet all their clients' future care costs, however long they may live. In the case of a young man who was catastrophically injured in a road accident as a teenager, the High Court paid...

What Is a 'Couple'? Landmark Adoption Ruling Answers the Question

A 'couple' is defined in law as two people living as partners in an enduring family relationship – but what exactly does that mean in a world that has witnessed a metamorphosis in human relationships during the last few decades? The High Court...

Catastrophically Injured Boxer Comes to Terms with Sport's Regulatory Body

Boxing is a sport in a category all of its own in that participants are not just permitted but expected to deliberately inflict injury on one another. That point was made in a personal injury case concerning an overseas boxer who collapsed in a coma...

HMRC in Bid to 'Help Taxpayers Get Their Offshore Tax Right'

The government is currently reviewing responses to its public consultation on helping taxpayers get their offshore tax right before it progresses to drafting new legislation on the issue. The consultation, which closed on 15 June, focused on how HM...

Farmer Injured in Country Lane Collision Awarded Six-Figure Damages

Country lanes can be just as hazardous as motorways and it is up to drivers to make allowances for stationary or slow-moving farm traffic. In a case on point, an apple farmer who was hit by a passing car whilst guiding a lorry as it made a tricky turn was...

Family Judges Won't Let Children Be Used as Pawns in Divorce Proceedings

Concerns that children may be used as pawns amidst the cut and thrust of divorce proceedings are often expressed by one side or the other. However, a High Court ruling in the context of a big money case showed that family judges are aware of such risks and...

Wealthy Father Under No Obligation to Maintain His Healthy Adult Daughters

Parents generally owe no legal duty financially to maintain their adult children. That principle proved decisive in the case of a businessman who was worth almost £2.2 million when he died, but who left not a penny to his daughters. Having enjoyed a...

Insurer Entitled to Refuse Cover Following Loss of £190,000 Rolex Watch

Failing to accurately respond to insurers' questions when taking out a policy is highly likely to render your cover worthless. A businessman found that out to his cost after losing a £190,000 Rolex watch whilst on a skiing trip. The man launched...

Injured Farm Worker Receives Multi-Million-Pound Recompense

Workplace accidents can have dreadful consequences but specialist personal injury lawyers are always there to ensure that victims receive fair compensation. In a case on point, a farm worker who suffered life-changing injuries when he fell backward from a...

Family of Businessman Killed in Road Crash Receive Seven-Figure Damages

Although judges do their best, no amount of money can ever make up for the death of a loved one as a result of someone else's negligence. In one case, the grieving family of a Spanish businessman who died in a horrific road accident in the UK were awarded...

Changes in the Tax Regime - Public Information Campaigns Have Limitations

The tax regime is subject to constant change and it is generally up to taxpayers to keep their knowledge up to date in a fluid landscape. However, as a case concerning tax charged on high-income recipients of Child Benefit showed , HM Revenue and Customs...

Injured Whilst Holidaying Abroad? Consult a Specialist Solicitor Today

Holidaymakers who are injured abroad can face formidable difficulties in obtaining compensation. However, the case of a little girl who almost drowned in a Spanish swimming pool showed that English personal injury lawyers have all the knowledge and skills...

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...

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...

Divorce and the Increasing Use of Arbitration - Court of Appeal Test Case

Amidst the COVID-19 pandemic it has become even more popular to seek resolution of financial issues arising from divorce via private arbitration rather than formal court proceedings – but to what extent are arbitration awards binding and enforceable?...

Highway Authority Condemned After Fallen Tree Causes Serious Accident

Roadside trees pose a clear health and safety risk in the event of disease, and those who bear responsibility for them are under a duty to inspect their condition regularly. In a case concerning a serious road accident caused by a fallen tree, a judge...

Has Your Privacy Been Violated? You Don't Have to Put Up With It

For many people there is almost nothing more painful than having their private affairs aired on the internet or in publicly available print. As a High Court decision showed , however, specialist lawyers know exactly how to deal with such intrusions. The...

Saturation Diver Can Deduct Physical Fitness Expenses from Income Tax

Self-employed people are only permitted to deduct from their Income Tax bills those expenses that are incurred 'wholly and exclusively' for the purposes of their trade or occupation. That is a very demanding test but, in a guideline case, it was passed by a...

Buying a Home With Your Partner? Legal Advice Today Saves Heartache Later

Couples who buy a home together tend to assume that true love lasts forever and that the property should be owned in equal shares. As a High Court case showed , however, that is one very good reason why they should always consult a solicitor, whose job it...

Health and Safety is All About Realism and Context - High Court Guidance

Discerning whether an employer has breached its health and safety duties following a workplace accident is no mechanistic process and is all about realism and context. The High Court made that point in the case of an engineering technician who broke his hand...

Licensing Houses in Multiple Occupation - Ignorance of the Law is No Defence

Landlords who fail to license houses in multiple occupation (HMOs) commit a serious criminal offence and can expect to be hit hard in the pocket. In making that point, the Upper Tribunal (UT) emphasised that stiff financial penalties are generally required...

Man Struck Down by Hit-and-Run Driver Secures £5.2 Million Damages

Not every accident victim is entirely blameless, but personal injury lawyers do not let that stand in the way of obtaining desperately needed recompense. In one case, a much-loved family man who had been drinking before he was struck down and gravely injured...

Inheritance - Lifetime Promises Can Be Legally As Well As Morally Binding

When it comes to inheritance, the obligation to keep your promises may well be legal as well as moral. In a case on point, a judge followed the demands of conscience in ruling that a hard-working man should inherit the farmland of a close friend who for...

Workman Receives £2 Million Following Water Mains Accident

Discerning where responsibility lies for workplace accidents can be a highly complex matter, but that in no way deters personal injury lawyers from fighting the good fight on behalf of injured clients. In one case, a workman who suffered dreadful injuries...