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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...
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...
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...
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' –...
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....
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...
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...
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...
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...
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...
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...
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...
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...
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 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...
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...
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...
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...
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...
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...
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...
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...
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....
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...
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...
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...
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? 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...
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...
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...
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...
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...
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...
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 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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
