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...
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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)...
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...
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...
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...
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?...
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...
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...
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...
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...
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...
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...
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...
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...
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...
In the best traditions of a free society, vaccination is not compulsory in the UK and anyone is entitled to withhold consent to being inoculated. In an important ruling, however, the High Court overruled a mother's moral and safety objections to her...
Making a mistake on your tax return can have extremely serious consequences and that is why it is always wise to take professional advice. In a striking case on point, the High Court declined to come to the aid of a public-spirited businessman who donated...
Practical jokes in the workplace can have grave consequences which are anything but funny – but to what extent do employers bear legal responsibility for such horseplay? In ruling on a personal injury case, the High Court gave important guidance on...
A parent who wishes to move from one country to another with his or her child must first obtain the consent of the parent left behind. That principle of international law is easily stated but, as a guideline Court of Appeal ruling showed , applying it in a...
Assessing the value of personal injury claims can be a long and challenging process but, where victims simply cannot wait for compensation, the law can move with surprising speed. In one case, a teenager received multi-million-pound damages not much more...
If your neighbours have obtained planning permission for building works to which you object, you may think that is the end of the matter. However, as one case strikingly showed , with the right legal advice you can still win the day. A company obtained...
People often talk about putting their affairs in order but then sit on their hands until it is too late. The serious consequences of delay in seeking legal advice were underlined by a case in which a woman waited until she was resident in a hospice,...
Momentary outbursts of anger can have lifelong consequences and victims should not delay in seeking legal advice. In one case, a man who suffered dreadful injuries when he was punched by a work colleague received substantial compensation. Following an...
Unmarried couples should be under no illusions that they have legal rights equivalent to those who have tied the knot. The point could hardly have been more powerfully made than by a case concerning an unmarried former couple whose close-knit life together...
If you have paid good money for goods or services and feel that you have not got what you bargained for, you should see a solicitor without delay. A case on point concerned a man who paid about £4,000 for what he believed would be a surgical hair...
Identifying where blame lies for road accidents that happen in seconds is often no easy matter. However, as a High Court case showed, expert lawyers are more than capable of cutting through such issues to ensure that their injured clients are justly...
One good reason why sensible homebuyers engage the services of a surveyor prior to purchase is that, if things go wrong, they at least have someone to sue. In a case on point, a couple who paid £1.2 million for a seaside home which turned out to be...
Members of the emergency services are inevitably exposed to danger by the very nature of their jobs, but that in no way lessens their employers' health and safety obligations. In a case on point, the mother of a fireman who died from injuries suffered whilst...
Just because someone is old, frail and vulnerable does not mean that they are incapable of understanding the contents of their will. However, as a High Court ruling in the context of a bitter inheritance dispute showed, the benefits of professional advice...
HM Revenue and Customs (HMRC) must publicise changes in the tax regime and taxpayers are not obliged to go rooting around its website in an attempt to keep up to date. The First-tier Tribunal (FTT) made that point in finding that a father had a reasonable...
Admissions of liability made in personal injury cases are generally binding and only rarely will defendants be permitted to go back on such concessions. The High Court made that point in the case of a young man who claimed to have suffered injury due to a...
How, if at all, is the duty of local authorities to allow children in their care reasonable contact with their parents affected by social distancing rules arising from the COVID-19 pandemic? The Court of Appeal confronted that issue in a guideline case . ...
Amidst widespread homelessness, owners of investment properties who allow them to stand empty for extended periods can find themselves on the receiving end of compulsory purchase orders (CPOs). Exactly that happened in a case concerning a desirable...
The whole point of engaging a professional to draft your will is to make your wishes clear in precise and unambiguous terms. If your will falls below that high standard the result, as a High Court ruling showed , can be family stalemate after you are gone. ...
Not every personal injury claim can succeed but that is almost never due to any want of trying on the part of victims' legal teams. In a recent case, however, a lorry driver who was gravely injured when an articulated truck and trailer rolled over him had...
When long-term relationships between unmarried couples break down, disentangling their property and financial affairs can be challenging, particularly where children are involved. As one case showed, however, a clean break is often the best option for all...
If you object to a planning decision, an expert lawyer will ensure that your voice is heard loud and clear. In one case, a woman succeeded in overturning planning permission for the construction of 18 holiday lodges close to her rural home. The local...
The vast majority of compensation claims made by road accident victims are entirely genuine, but there are sadly always some who give in to the temptation to over-egg the pudding when describing their injuries. A High Court ruling in one such case...
Amidst ever-rising property prices, it can make good sense for friends or relatives to club together to buy a home where they can all live together. As a High Court ruling showed , however, the continuing harmony in human relationships upon which such...
The psychiatric impact of traumatic workplace incidents can often be far worse than the physical injuries suffered. In a case on point, a prison guard whose mental health suffered severely after an inmate hit him in the face with a broom was awarded more...
The severe disruption to the legal process wrought by the COVID-19 pandemic has prompted judges to take a practical approach and, in some cases, to waive strict compliance with procedural rules. The High Court did just that in enabling a local authority to...
HM Revenue and Customs (HMRC) operate within the constraints of their statutory powers, but their ability to conduct 'informal' enquiries into taxpayers' affairs, without limit of time, has been upheld by the Court of Appeal in a landmark ruling . The case...
Parties are no fun unless guests are in high spirits, but those who place themselves in obviously risky situations cannot expect to be compensated for any injuries they suffer. A judge made that point in the case of a young woman who came to grief following...
Adopting children from abroad can complete families and be of great benefit to all concerned. However, as a High Court case showed, it is fraught with legal pitfalls and should not be attempted without first taking specialist legal advice. The case...
Allowing yourself to be driven by someone who you know has been drinking is itself negligent and, if an accident occurs, your right to compensation is likely to be badly affected. The High Court made that point in the case of a young man whose life was...
The potential liability of criminals to pay compensation to their victims does not come to an end with their death. In a unique High Court case, that principle was applied to the estate of a paedophile who died leaving a net estate worth almost £4.7...
Investing in property is very far from being risk free but usually has the advantage that monies advanced are secured against real 'bricks and mortar' assets. The crucial importance of ensuring that enforceable security is in place before parting with your...
Family disputes frequently focus on inheritance and can inflict immense anxiety and pain on all concerned. A case concerning a young man who died tragically when he stepped in front of a train, however, showed that the best way to avoid such conflict is to...
Finger-pointing and protestations of innocence are commonplace in the aftermath of serious road accidents. However, as a High Court case concerning a head-on crash in which an elderly woman was badly injured showed, judges are adept at weighing up the...
The most straightforward means of minimising Inheritance Tax (IHT) payable on your estate is to give away your assets with warm hands when you are still hale and hearty. However, such gifts will bring no tax advantages at all unless they are absolute and...
Adopting children from overseas is fraught with legal pitfalls and those who attempt to do so without first taking expert advice expose themselves to heartbreak. In one case, however, the High Court came to the aid of a British woman who adopted a little...
Obtaining fair compensation for holidaymakers who are injured abroad can pose real difficulties. The case of a pensioner who was reduced to a shadow of his former self following a road accident in Spain, however, showed that English lawyers are well equipped...
Home renovations are a notoriously frequent source of dispute and, if you feel that you have been let down by a builder, you should consult a solicitor straight away. In a case on point, a householder won a £200,000 asset freezing order against a...
Home-made wills may save you a few pounds in the short term, but dispensing with legal advice greatly increases the risk of painful disputes arising after you are gone. That was certainly so in the case of a desperately ill man who left the whole of his...
Social media posts fired off in anger can have grave legal consequences even if they are swiftly taken down. In an extreme case on point, a man who revealed his niece's history of mental illness and self-harm to the world online was ordered to pay her...
Accident victims should never be put off seeking compensation merely because they are advanced in years. In one case, a man in his 70s whose autumn years were blighted by injuries suffered when he was knocked off his bicycle by a negligent driver received...
Prioritising prompt payment of your tax bills can be tough, particularly when there are other compelling and unforeseen demands on your limited resources. In a case on point, the First-tier Tribunal (FTT) came to the aid of a man who dipped into his tax...
It is not only in the realms of fiction that lovers choose to marry in secret, away from the gaze of their disapproving families. A highly unusual High Court case , however, showed the legal difficulties that can arise from such arrangements. The case...
The Health and Safety Executive (HSE) has published provisional statistics for fatal workplace injuries in Great Britain for the year 1 April 2019 to 31 March 2020. A total of 111 workers were fatally injured at work in Great Britain in 2019/2020, a...
Tenants should take professional advice before renting out their homes to short-term paying guests via Airbnb, Booking.com or other internet booking sites. In a case on point, a couple who failed to take that sensible step placed themselves in jeopardy by...
For many parents, the objective of a will is to ensure even-handed treatment of loved ones, particularly children. However, as a High Court case strikingly showed, some may be more needy than others and that too should be taken into account. The case...
Road accidents that happen in the blink of an eye can have consequences that last a lifetime, which is why it is so important that victims are properly compensated. In one case, a young woman who suffered devastating injuries in a crash which cost her...
It is easy to be tempted by exotic investment schemes that promise spectacular returns. However, as a High Court case strikingly showed , they are often too good to be true and it is always wise to get an independent professional to check them out before...
Vulnerable negligence victims sadly often fall into the clutches of unqualified people who hold themselves out as professionals with expertise in pursuing compensation claims. A High Court ruling served as a warning to all that practising law is for lawyers...
One of the most crucial aspects of a personal injury lawyer's work is to gather all the information required to build a successful case. The difficulty of that task was shown by a case involving a professional rugby player who claimed to have been injured...
Despite the drive towards achieving economic equality between the sexes, it remains common for women to give up their promising careers to support their husbands and devote themselves to child rearing and home-making. An important High Court ruling ...
Ramblers love footpaths, but the same cannot be said for landowners concerned to protect their privacy and security. That was certainly so in one case in which homeowners with a high media profile won the right to divert a footpath which crossed their...
Despite stringent health and safety rules, accidents at work remain a frequent occurrence and those who suffer injury should consult a solicitor without delay. In one case, a worker who tripped over a no entry sign, installed to deter employees from taking...
If you are an entrepreneur and own your own company, that is all the more reason why you should take professional advice regarding the consequences that might arise on your death. In an unusual High Court case on point , a farm contracting business was left...
No amount of compensation can fully recompense those whose lives are ruined by dangerous drivers, but it can at least give them security for the future. In one case, a grandfather who was struck down on a pelican crossing after a motorist shot a red light...
Few would quarrel with the long-standing rule of law that anyone who unlawfully kills another is barred from benefiting, financially or otherwise, from his or her crime. In a unique decision, however, the High Court waived that rule in the case of an...
In the throes of family breakdown, parents often focus on their own personal battles – but it is the best interests of their children that are always uppermost in family judges' minds. In a case on point, the wishes and feelings of two teenagers ...
Holidaymakers who suffer accidents abroad can face an uphill struggle to obtain just compensation, but specialist English lawyers are well equipped to rise to the challenge. In one case, a woman who was injured when she tripped over a sun lounger at a hotel...
Trusts can be an invaluable means of providing for vulnerable loved ones, but they need careful handling by a professional if they are not to have serious unforeseen consequences. In a case on point, the High Court came to the aid of a retired GP whose...
Thanks to telephone conferencing and video link technology, delivery of civil justice has continued almost unabated during the COVID-19 pandemic – but are remote hearings fair? A judge considered that fundamental issue in ruling that a clinical...
A temporary Stamp Duty Land Tax (SDLT) relief measure has taken immediate effect in England and Northern Ireland after being announced by Chancellor Rishi Sunak in his summer economic statement. The measure has been introduced by the Government to try and...
A fine imposed on a householder for parking her Land Rover on her own land put the conflict between private ownership and public access to the road network in high relief and provided the subject matter for an important High Court test case . For many...
In order to be divorced you obviously have to be validly married, and bigamy remains a surprisingly common occurrence. In one case, the High Court found that a couple's overseas wedding did not render them husband and wife – because she was already...
Psychiatric damage suffered by road accident victims can be just as serious, if not more so, than their physical injuries. In one case, a nurse who was traumatised for months following her involvement in a pile-up was awarded more than £40,000 in...
If someone upon whom you depend financially dies leaving you nothing in his or her will, judges have the power to ensure that you do not go empty-handed. As a High Court case showed, however, that power will only be exercised in your favour if your need for...
The COVID-19 pandemic represents a public emergency which is threatening the life of the nation. A High Court judge wrote those words in reaching the momentous conclusion that, whilst the crisis persists, derogation from certain fundamental human rights is...
Insurance cover under many motor policies is restricted to private vehicles which are used for social, domestic or pleasure purposes only – but what exactly does that mean? The High Court has provided an authoritative answer to that question. The case...
To say that parents bear a moral responsibility to ensure that their children behave themselves in public is uncontroversial – but are they also under a legal duty to do so? The High Court addressed that issue in ruling that the sins of an allegedly...
If a neighbour obtains planning permission for a building project to which you object, that does not always mean you just have to grin and bear it. In a case on point, objectors to a householder's plans to extend his garage succeeded in blocking his proposal...
Reforms to the law surrounding whiplash claims have been delayed by the Ministry of Justice as a result of the coronavirus pandemic. Originally due to be implemented this August, the reforms have now been postponed until April 2021. The forthcoming reforms...
If you die without making a will, there is a real risk that your loved ones may be left high and dry. In one case, a man who said that he was grieving over his partner's death found himself bereft of legal rights and locked out of the flat they once shared. ...
The law has a very long memory and will ensure that victims of misconduct by state agents are properly compensated, however long it takes. In a striking case on point, the High Court awarded six-figure damages to the loved ones of an innocent docker who was...
HMRC are scrapping cheques for the payment and repayment of Inheritance Tax (IHT) and temporarily accepting printed signatures on IHT returns, as a result of the coronavirus crisis. The introduction of new ways of processing IHT and returns is to reduce...
Most road accidents happen in seconds, and working out their exact causes after the event is exceptionally difficult. However, a case in which a woman who was knocked down by a lorry was awarded substantial compensation showed the lengths to which judges...
The Channel Islands may be separated from the UK mainland by miles of water, but they are not overseas countries. In an unusual case, that simple fact was enough to defeat a woman's claim for a pension-sharing order following her divorce in Jersey. After...
One of the benefits of building your own home is that you can claim back VAT paid on materials used in the project – but rebate applications have to be made within three months of the property's completion. That time limit came under analysis in a case...
Reconstructing road accidents which involve multiple vehicles and individuals, all of them coming together in complex sequences of events lasting seconds, poses an enormous challenge. In guaranteeing a gravely injured pedestrian substantial compensation,...
Even people of the greatest intellect can be affected by diminished mental ability in old age and that is one good reason why it makes sense to execute a professionally drafted will sooner rather than later. A case on point concerned an eminent former judge...
Fraudulent investment schemes are perennially tempting to the unwary and it really does make sense to take independent professional advice before parting with your money. In one case, the High Court found compelling evidence that hundreds of small investors...
Your privacy rights will die with you, but that does not mean that just anyone will be permitted access to your medical records after you are gone. The extent to which such records should remain under wraps post mortem was analysed in a High Court test case...
One of the most distressing aspects of road traffic accidents involving young people is that they can shatter their hopes for the future. In a case on point, a crash victim received eight-figure compensation for injuries which wrecked her prospects of...
Where blame, if any, attaches for the breakdown of a marriage is generally irrelevant when it comes to dividing assets following divorce. However, as a cruelly deceitful husband discovered to his cost, bad behaviour can have consequences in that it is hardly...
Those who allow themselves to be driven in unlawfully taken vehicles put their lives in jeopardy and are unlikely to be covered by insurance in the event of a crash. A guideline High Court case on point concerned a young car owner who faced a familiar...
Lordships of the manor, whilst sounding grand, are often viewed as arcane titles with little real significance in terms of property rights. However, that is not always so and, in one High Court case, a lordship which was bought for just £100 almost...
A woman whose hopes of bearing children were stymied by the failure of medical staff to detect early signs of cervical cancer has won the right to substantial damages – including the reasonable cost of funding commercial surrogacy arrangements in...
Few people nowadays care whether a child is born within wedlock, but the law is in some respects behind the times. In a ground-breaking ruling, however, the High Court has opened the way for illegitimate members of an extended family to receive shares of a...
Parents can take comfort from the fact that, if they die as a result of someone else's negligence, the law will ensure that their loved ones are compensated. In one case, the disabled daughter of a woman who lost her life when a taxi in which she was...
The full rigour of formalities that must be gone through in order to solemnise a marriage have been upheld in a landmark case. The Court of Appeal found that a ceremony performed in a restaurant which was not registered as an authorised wedding venue was a...
HM Revenue and Customs (HMRC) are always on the lookout for unexplained cash earnings which have not been declared for tax. However, in one case, a former professional gambler was relieved of a six-figure Income Tax bill after convincing the First-tier...
Children cannot be wrapped in cotton wool and ordinary play inevitably involves an element of danger – but specialist lawyers are thankfully there to help if the worst happens. In one case, a girl who was blinded in one eye when she fell on her face...
Disputes with neighbours have a way of getting horribly out of hand, but legal advice taken at an early stage can help to draw the venom and save incalculable heartache and money in the long run. A case on point concerned flat dwellers who for years engaged...
Employers usually bear indirect legal responsibility for misdeeds committed by their staff in the course of their jobs – but what if they are unpaid volunteers? The High Court tackled that issue in awarding substantial damages to a man whose childhood...
Those who engage in speculative litigation on the basis of weak evidence can expect to be hit hard in the pocket. In a case on point, a couple who sued a friendly architect after she provided them with free assistance in re-landscaping their garden found...
Road accident victims who are injured by uninsured drivers need not worry that their right to compensation will be compromised. In one case, a seven-figure settlement was negotiated on behalf of a pedestrian who almost died when he was struck down by a...
Most people would consider it an honour to be chosen as executor of a friend's or relative's will. However, as a High Court ruling showed , the legal responsibilities that go with such a role can be extremely onerous and it usually makes better sense to...
A gender-neutral and non-discriminatory approach to divorce generally requires an equal division of marital assets – but it is not always that simple. In one big-money case, complexities arose in respect of the husband's inherited assets and his wish...
Mediterranean sunshine and sandy beaches attract millions of British holidaymakers every year, but swimming in the sea can be hazardous. In a case on point, a woman who was struck by a yacht tender and badly injured whilst swimming off the coast of a Greek...
If offered the opportunity to shelter their homes against future Inheritance Tax (IHT) liabilities whilst retaining the right to live in them rent free, most people would jump at the chance. However, as one case strikingly showed, that holy grail of tax...
It is the mark of a society governed by the rule of law that, where people suffer injury or death due to the misconduct of the servants or agents of the state, compensation is paid in full. In a prime example of that happening, the loved ones of a civilian...
If you are a property occupier and have noise, dust, noxious smells, vibrations or other forms of nuisance inflicted upon you by a neighbour, the law will provide you with a remedy. However, the Court of Appeal has ruled in a landmark case that that...
Road traffic accidents frequently have more than one cause, but judges are adept at uncovering where responsibility for them lies. A case on point focused on a demolition site hoarding that obstructed sight lines of a stretch of road where a teenager was run...
Unmarried couples frequently intermingle their property whilst love still blooms, but sorting out who owns what after separation can pose a serious challenge. That was certainly so in the case of a former couple who, between them, owned two former council...
You are in principle entitled to bequeath your worldly wealth to whoever you choose. However, as a High Court decision made clear, the law will intervene if you ignore your moral obligations when making your will. A successful motor dealer and property...
DIY house builders are entitled to refunds of VAT they pay on materials used in their projects. However, as a decision of the First-tier Tribunal (FTT) showed , seeking such rebates is far from straightforward and a strict time limit applies. A man applied...
If you are injured whilst holidaying abroad, obtaining just compensation can present serious difficulties. A case concerning a holidaymaker whose life was wrecked by a swimming pool accident in Ibiza showed, however, that specialist English lawyers are well...
A change to intestacy law recently announced by the government has increased the sum of money that spouses and civil partners of people who die without having made a will are entitled to receive. The change has been introduced via a statutory instrument...
Those who have suffered sexual abuse are entitled to expect that the perpetrator will be punished by the criminal courts – but they may also be due compensation. In one case, a junior member of a religious organisation who was raped by one of its...
Adoption of children outside their natural families is always a last resort and will only be permitted if nothing else will do. The Court of Appeal made that point in coming to the aid of a couple whose son was taken from their care when he was just two...
Road accidents which have lifelong consequences frequently occur in the blink of an eye and that can make it very difficult to ascertain who was to blame. However, as a High Court case showed, experienced lawyers are adept at cutting such gordian knots and...
If you are involved in a dispute with your builder, taking sound legal advice is by far the best means of ensuring that matters do not get out of hand. One householder who failed to take that sensible course found himself embroiled in costly legal...
Co-ownership of land by family members can be intensely problematic if they do not see eye to eye as to the use to which it should be put. A High Court case on point focused on a naturalist's ambition to 'rewild' farmland he and his brother had jointly...
New rules surrounding the payment of Capital Gains Tax (CGT) on profits made on the sale of a residential property are now just weeks away. Taking effect on 6 April 2020, the changes will reduce the amount of time individuals have to pay their CGT bill and...
Accidents are always unexpected, but some are more so than others. In one case, a businessman who was struck on the head by a falling rugby post whilst watching his son play in a junior game received substantial compensation for his injuries. The man, aged...
It is hardly surprising that confidential or privileged documents which have or may have been illegitimately obtained cannot be used in evidence. However, as the High Court made clear in the context of a big money divorce case , that rule does not apply...
Victims of serious accidents often believe that they face a long wait before receiving just compensation – but the wheels of justice can move surprisingly quickly. In one case, it took little more than a year to achieve a seven-figure settlement for a...
Letting your land stand vacant, going to rack and ruin, inevitably carries the risk that a squatter will obtain title to it. A woman who inherited a small but strategic strip of land from her builder father came within an ace of suffering that fate. The...
Accident victims who suffer head injuries often have no memory of how they came to grief and, in the absence of other witnesses, that can create obvious difficulties in claiming compensation. However, as a High Court case showed, overcoming such problems is...
There is a general principle that a person may leave their estate to anyone they wish, but legislation exists – the Inheritance (Provision for Family and Dependants) Act 1975 – to allow people dependent on a deceased person to claim against the...
The Government is warning people to be on alert for fraudsters posing as court bailiffs and enforcement officers on the telephone. After claiming to be County Court bailiffs, High Court Enforcement Officers (HCEOs) or Certificated Enforcement Agents (CEAs),...
Cyclists almost always come off worst in collisions with motor vehicles, but they at least have the comfort of knowing that specialist lawyers are there to ensure they are fairly compensated. In a case on point, a man who suffered catastrophic injuries when...
Race discrimination may not be intentional, but it can be deeply hurtful and, with the right legal advice, victims can both express their disgust and secure compensation. In a striking case on point , a Sikh couple who were rejected as potential adopters...
Slips and trips can have devastating consequences and, if you are a victim of such an accident and believe someone else was to blame, you should seek legal advice without delay. A mother who did just that after slipping on the damp floor of a supermarket...
Couples can sometimes be tempted to enter into property transactions together without taking legal advice, on the basis that the love and trust between them will last forever. However, a High Court ruling strikingly showed how misguided such assumptions can...
HM Revenue and Customs (HMRC) may appear a very big battalion indeed but, with the right legal advice, individuals can succeed in overturning their decisions. Exactly that happened in a case concerning a couple who lost over £6 million in a disastrous...
Public authorities are under a duty to protect mentally ill people for whom they bear responsibility from foreseeable risks of injury. In a case on point, a schizophrenia sufferer who was gravely injured in a fall from a first-floor window after being...
What exactly is a will? The High Court addressed that fundamental issue in resolving a bitter family dispute in respect of where a much-loved son and husband should be buried. Following the man's death from cancer, his mother insisted that he should be...
Road accidents occur in seconds but have consequences that often last a lifetime. That was certainly so in the case of a young woman who received seven-figure compensation after being struck down by a hit-and-run motorist. A few days before Christmas, the...
One of the hardest tasks that family judges have to undertake is to remove children from the care of parents who are incapable of looking after them. However, as one case showed , adoption of children outside their natural families is only ever a last...
Allowing people to occupy your property on the basis of a handshake is an invitation to misunderstandings and costly dispute. The point was proved by a case in which the trustee of an agricultural estate found himself in court after he informally permitted a...
Accident victims who exercise their right to seek compensation often face claims that they are malingering or over-egging their injuries. However, as a High Court decision showed, judges require firm evidence before finding such serious allegations proved. ...
If you have been deceived by a salesman into paying too much for dodgy goods, you should see a lawyer right away. The disappointed buyer of a crash-damaged Ferrari sports car who did just that was awarded his money back by a judge. The buyer was attracted...
Local councils are responsible for maintaining many miles of highways, pavements and other public roads, and when hazards arise, they can be liable to pay compensation for any injuries that result. Figures obtained following a freedom of information request...
Can a purchaser of a property be said to 'own' it after contracts are exchanged but before the transaction is completed? The Court of Appeal's answer to that fundamental question delivered a substantial Capital Gains Tax (CGT) saving to an off-plan flat...
Cyclists are amongst the most vulnerable of road users but, if they suffer accidents that are not their fault, specialist lawyers are always there to ensure that they are fairly compensated. In one case, a woman who was gravely injured when a van driver...
The trouble with informally agreeing with your loved ones what is to happen to your assets after you are gone is that you may not have considered all eventualities, and disputes can arise as to what has and has not been promised. Exactly that lay at the root...
English judges are respected around the world – but they are not the sole arbiters of fairness and the decisions of foreign courts must be respected. A family judge made that point in shutting the door on divorce tourism and refusing a Russian...
Accidents may strike anywhere, at any time, and can have lifelong consequences. In a case on point, a pub customer who suffered a severe ankle fracture when a bar stool collapsed underneath him secured almost £200,000 in compensation. Although the...
One secret of a happy life is to get on well with your neighbours and taking legal advice is often the best way of defusing rows before they get out of hand. The point was resoundingly made by a case in which escalating boundary and right of way disputes...
Child abuse is a scourge on society, and with the right legal advice, victims can secure just compensation for the frequently dire impact it has on their lives. In one case, a young man who was repeatedly molested by a neighbour when he was very young was...
The legal position of 'cryptoassets' – those which exist in electronic form and are held on distributed ledgers, bitcoins being the best-known example – has not been certain in the past. However, a recent legal statement by the Chancellor of the...
If you have been injured at work and feel that your employer was to blame, there are very good reasons why you should consult a solicitor immediately. A teacher who failed to take that sensible course after he was assaulted by a group of pupils jeopardised...
Failing to take professional advice and keep accurate accounts is like holding a red rag up to the HM Revenue and Customs bull. In a case on point, an international businessman who claimed to keep details of his income and expenditure 'in his brain' was...
Litigation can be long and bitter, but it is the prime objective of the justice system to eventually bring it to a satisfactory end. In a case on point, the High Court came to the aid of a husband in drawing a line under his divorce . The case concerned a...
A horse rider has secured compensation for the injuries she suffered when she fell from her horse after the animal was frightened by the sound of two motorbikes revving their engines. The woman was on her way back to the yard with her stepson when a...
For a Will to be valid, the testator (the one making the Will) must be of sound mind at the time of making and signing the Will. This means that they must be capable of understanding and approving of the contents and effects of the Will. With...
Defects in workplace equipment can cause devastating injuries and employers should take careful note of a High Court case in which a nurse secured six-figure compensation after an office chair collapsed underneath him. The nurse, who worked in a...
Landowners who neglect or fail to make use of their properties put themselves at risk of losing them to squatters. In a recent case on this subject, a woman faced a neighbour's claim that he was entitled to her field, having cut the grass for years. The...
Personal injury lawyers confront tragedy on a daily basis but are often left in awe of the courage displayed by severely injured accident victims. That was certainly so in one case concerning a young man who fought his way back to independence after...
Establishing a company to act as an intermediary between yourself and the clients to whom you provide your services can have substantial tax advantages. As a case involving a broadcast journalist showed, however, such arrangements are pointless if the...
Amidst the emotional and financial destruction that can arise from divorce, keeping a sense of proportion is crucial. The Court of Appeal made that point in lamenting a former couple's expenditure of more than £500,000 in legal costs fighting over an...
Allowing your will to become out of date stores up trouble for your loved ones. That was strikingly so in one case in which a successful businessman suffered a stroke before he could make a new will taking account of his changed financial and personal...
Restaurants that fail to meet food hygiene standards not only put their reputations in jeopardy but also expose themselves to compensation claims by their clients. In one case, a woman who suffered severe food poisoning after eating out at an Indian...
It is well established that employers can be held legally responsible for the misdeeds of their employees, but what about the misdeeds of self-employed subcontractors? The High Court addressed that tricky issue in a guideline case concerning a bricklayer who...
Millions of people who invest their pension pots in annuities can ultimately rely on the law to guarantee their financial security. In a case on point, the High Court overruled financial regulators and refused to sanction the transfer of about 370,000...
A recent case involving a catastrophically injured cyclist whose legal team overcame numerous hurdles to secure him a just settlement illustrates the importance of having specialist support during such proceedings. The man was in his 20s when a car knocked...
In a case illustrating the importance of candour regarding financial circumstances in divorce proceedings, a husband who failed to disclose the true extent of his wealth to family judges was subsequently ordered to pay his ex-wife a seven-figure lump sum,...
Investors using the popular online financial investment platform Hargreaves Lansdown (HL) may not have heard that the 'loyalty bonuses' they receive from HL have been deemed by the Upper Tribunal (UT) to be taxable income in the hands of the recipients and...
New homes built in the grounds of existing residences make a valuable contribution to meeting burgeoning housing demand. However, as a decision of the First-tier Tribunal (FTT) showed , restrictions lurking in antique title deeds can stand in the way of...
If you have suffered an accident at work and you believe that your employer was to blame, you should seek legal advice right away. A florist's assistant who did just that after he fell while carrying a heavy glass vase has secured the right to substantial...
The idea that you cannot achieve compensation for road accident injuries if you were in any way to blame for what happened is simply wrong. This point was made by the case of a vulnerable pedestrian who was hit by a car as he crossed the road when the...
If a loved one upon whom you depend financially fails to make reasonable provision for you in his or her will, judges have the power to put that right. However, there are time limits that apply to such proceedings and that is why it is vital to consult a...
If injuries result from a public authority's failure to match up to its legal duties, it is only right that compensation is paid. The High Court made that point in ruling that a failure to properly maintain a street lamp was, in part, the cause of an...
Family judges are always absolutely focused on the welfare of children and will not shrink from grasping nettles to give them the best chance of leading fulfilled and happy lives. That was certainly so in one case in which a judge ordered that a baby boy be...
Trust deeds can be an effective means of managing family wealth and minimising tax liabilities but, as a High Court decision strikingly showed , any mistakes in their drafting can have serious repercussions for generations to come. The case concerned a...
No amount of money can ever fully compensate those whose lives are wrecked by road accidents – but an award in damages can at least ensure that victims are cared for as well as they possibly can be. In a good example of that happening, a little boy who...
If you are facing an investigation by the tax authorities, your very first step should be to seek professional advice. One taxpayer who sadly chose not to take that course, instead burying his head in the sand, narrowly escaped a six-figure back-tax bill. ...
Building sites can be dangerous places and it is obviously right that those who suffer injury due to their employers' failure to take appropriate precautions should be fully compensated. In one recent case, a worker who sustained grave head injuries when he...
Public confidence in the civil justice system would collapse if court orders were not rigorously enforced – however agonising complying with them may be. The point was made by a case in which a divorcee who refused to move out of her home of 25 years...
Many road accident victims happily make a good recovery, but specialist lawyers should always be the first port of call for those who do not. A catastrophically injured young man's family took that sensible course and secured him £2.75 million in...
When a property development involving a building that is listed or in a conservation area is undertaken, it is reasonable for the contractor employed to do the work to assume that the employer has used due diligence to obtain the necessary planning consents....
The whole purpose of the civil justice system is to achieve just and final resolution of frequently intractable disputes – and, as a guideline Court of Appeal decision in an inheritance case made plain, that includes saving litigants from themselves...
Responses to a report from the Civil Justice Council (CJC) setting out proposed measures to better support and protect vulnerable witnesses and parties in civil proceedings, including personal injury cases, are due to be considered following public...
When HM Revenue and Customs (HMRC) find out that tax has been under-declared, the response is normally to raise a 'discovery assessment' to collect the tax due. This is usually the result of a period of investigation, and penalties and interest are also...
Surprisingly, nearly 250,000 people go missing in the UK every year. Leaving aside the heartache and worry this causes, until recent changes in the law it also created an appalling position for family members trying to deal with the affairs of the person who...
Cohabiting couples are the fastest-growing family type in the UK, according to newly released figures from the Office of National Statistics (ONS). The ONS reports that the number of cohabiting couple families continues to grow faster than the number of...
Road accidents can have grave consequences that last a lifetime, and it is only right that, where they are caused by negligence, full compensation is paid. In one case, a man who suffered a dramatic change in his personality after he was knocked down on a...
It is in the nature of litigation that the losing party frequently feels that the judge was wrong and the outcome unjust. However, a case in which a householder repeatedly lost his liberty , and ultimately his home, due to his defiance of court orders shows...
A lasting power of attorney (LPA) is a document that may be used so that the finances or other issues of a person who cannot deal with them themselves may be attended to by a trusted third party – normally a solicitor or a family member. When an LPA...
Holiday experiences can change from good to bad in an instant, but where injuries are sustained the impact can be felt for years to come. Such was the case with a 61-year-old woman who was dragged along a Fuerteventura beach for several metres after being...
Many vulnerable people who fall into debt are tempted to raise cash on the security of their homes. However, a case in which an elderly couple came within an ace of losing the roof over their heads stands as a warning to all that such arrangements should...
Some accident victims are so badly injured that they can do nothing for themselves and are certainly incapable of seeking legal advice. However, as a High Court case showed, that does not stand in the way of them securing the compensation needed to pay for...
Very rich people often live jet set lifestyles of ceaseless travel, so pinning down the country in which they are domiciled can be a serious challenge. The High Court faced exactly that difficulty in a case concerning the acrimonious breakdown of a...
Advertisements that perpetuate gender stereotyping have recently been in the spotlight after the Advertising Standards Agency (ASA) banned adverts for Philadelphia Cream Cheese and Volkswagen's eGolf following complaints from the public that they featured...
A recent case decided by the Scottish Courts shows the wisdom of not making irrevocable decisions that you may later come to regret. It involved a woman who gifted her house to her daughter and son-in-law, retaining a tenancy for life over the property....
Where people lack the mental capacity to make important decisions for themselves, judges will step in to ensure that their best interests are served, as was demonstrated by an unusual case in which the Court of Protection (CoP) authorised the planned...
When a couple wished to avoid paying Stamp Duty Land Tax (SDLT) on the purchase of a property, they hit on what looked to them like a great idea. Instead of buying the property outright, they paid for it in two stages…a deposit, plus the purchase of...
Companies are notoriously difficult to value, and particular problems can arise when they form the principal assets to be divided in divorce proceedings. In a big money case on point, the High Court bridged a huge gulf between the value placed by a wife...
The Health and Safety Executive (HSE) has published provisional statistics for fatal workplace injuries in Britain for the year 1 April 2018 to 31 March 2019. A total of 147 workers were killed at work in Great Britain (GB) in 2018/2019. Although this...
If you feel that you have suffered a wrong of any kind, a delay in taking legal action can put paid to your chances of obtaining justice. A widow who was left nothing in her deceased husband's will found that out to her cost when her hopes of obtaining...
Those injured in road accidents often assume they are disqualified from seeking compensation if they were partly to blame for their own misfortune. However, a case in which a speeding motorcyclist won the right to substantial damages shows that this...
Property purchases are, for the majority of people, the highest-value deals they ever enter into and that is why they should never be undertaken in haste or without expert legal advice. A case in which an amateurish, home-made agreement led to years of...
Victims of violent crimes or serious accidents often receive very large sums in compensation and that creates obvious risks of mismanagement or exploitation. A recent High Court case showed why it is always best to engage an independent professional to...
It is usual for occupational pension schemes to allow the spouse or partner of a scheme member to receive a reduced pension in the event that the member predeceases them. Normally, the appropriate beneficiary is set out in the scheme rules. With defined...
If you have been divorced abroad but are habitually resident in this country, English family judges have the power to ensure that you receive a fair share of the marital assets. In a case on point , the High Court awarded a woman whose marriage was...
If you suffer an avoidable injury at work due to a colleague's negligence, you should take professional advice right away with a view to obtaining just compensation. In a case on point, an air stewardess who suffered back injuries when a plane jolted onto...
When there is a fatal accident involving a person with dependants, a claim for compensation may be able to be made not only by the estate of the deceased person but also by their dependants, whether children or adults. In a recent case , the estate and...
Health and safety breaches lead to accidents, almost as night follows day. In a tragic case on point, a young man who was catastrophically injured when he fell from a ladder on his family farm secured more than £6 million in compensation. The...
Covenants that restrict the use to which properties can be put lurk undetected within many title deeds and can have a dramatic impact on a property's value. That was certainly so in the case of one unfortunate couple who said that tight restrictions applying...
It is obviously important to the wellbeing of victims of sexual abuse that those who prey on them are brought to book by the criminal justice system. However, as a High Court case underlined, it is equally vital that they be compensated for their ruined...
Disputes within families are very common indeed and one of the issues the courts see over and over again is where there is a family 'understanding' that ends in a disagreement. In a recent case , the result of one such dispute is that an 82-year-old woman...
Armed forces personnel well understand that their jobs can be dangerous. However, as a High Court case showed, their submission to discipline does not make them any less entitled to compensation if they fall victim to others' negligence. The case concerned...
To what extent are the tax authorities entitled to delve into what would otherwise be your private financial information? The High Court tackled that issue in authorising disclosure of a wealthy businessman's credit card statements to HM Revenue and...
For a UK court to have jurisdiction over a family law case, it is necessary to show that at least one party to it has habitual residence in the UK. In a recent case, an Israeli woman divorcing her Israeli husband sought a declaration that their two-year-old...
Although the final result was not financial ruin for the defendant, a recent case illustrates how unwise it is to vent one's spleen on social media. It involved a firm of solicitors that had been involved in the sale of 'off plan' properties in Cyprus. This...
Expert legal advice is essential for those who are injured or become ill on holiday because of negligence on the part of someone who owed them a duty of care. This was highlighted in a recent case in which a woman who developed a phobia of travelling after...
Roads are inherently dangerous places but, if disaster strikes, specialist lawyers can ensure that accident victims are properly compensated. In one case, solicitors representing a young man whose life was changed forever by a crash in which three of his...
Can someone who trades in cryptocurrency futures or other sophisticated products via an online platform be viewed as a consumer? In a crucial decision for the investment sector, the High Court has answered that question in the affirmative . The case...
The purchase of properties abroad is a process that can be replete with disputes and financial losses for the unwary or unadvised. Whilst some foreign countries have presented few issues, others have had more chequered histories. Recently, investors went...
We have often stressed the importance of obtaining high-quality legal advice in any dispute and starting any necessary legal action as soon as possible, and a recent divorce dispute illustrates why . It involved a couple who were divorced in 2015. The...
It is normally essential when creating a legal document to get the procedures right, and failure to do so can cause unnecessary complications. A recent case dealt with the problem of what happens if a person creates a document that contains an error but...
In any civilised society, the state has a monopoly on punishing criminals – but that does not mean victims of violent offences must go uncompensated. The point was proved by a case in which a woman who was subjected to physical and sexual assaults by...
Yet another sad case reported recently shows the wisdom of appointing only those who are absolutely trustworthy and/or insured professionals as trustees over your assets. The court heard how a trustee appointed to safeguard the assets of a 17-year-old boy...
English judges enjoy an unrivalled reputation for delivering even-handed justice and that is why our courts are under siege by those who want their cases heard in this country. One such case was brought by a French professional diver who was seriously...
Ignoring tree preservation orders can prove to be a very expensive mistake and if your property has a protected tree on it, you should make sure any order is understood and followed and any necessary permissions obtained. Felling a protected tree without...
The UK is in long-standing breach of its obligation under European law to require compulsory insurance in respect of the use of motor vehicles on private land. So ruled the Court of Appeal in a case of crucial importance to the motor insurance industry. The...
When a personal guarantee has to be given in order to give a lender the security it needs, the guarantor hopes that the guarantee will never be called in. However, when it is, the loss suffered by the guarantor will normally qualify as a loss for Capital...
What exactly is a highway maintainable at public expense? The High Court gave important guidance on that issue in upholding a compensation claim brought by a woman who suffered injury when she tripped over an exposed tree root whilst walking on a path...
The principle of open courts is highly valued in the UK legal system. However, it is often a worry to people engaged in legal proceedings concerning family or marital issues that by going to court their family's private affairs will become public knowledge. ...
Two men who suffered burns when e-cigarette batteries caught fire in their trouser pockets have secured damages for their injuries. The men, both from Norfolk, had bought the batteries from the same shop in Great Yarmouth in December 2015. The batteries...
Road accidents happen in the blink of an eye and it is often far from easy to discern where responsibility for them lies. However, such difficulties did not prevent a young man in his 30s who was seriously injured when he was knocked down by a bus from...
A recent case should serve as a reminder that rules are rules and 'close enough' often isn't! The Town and Country Planning (General Permitted Development) (England) Order 2015 states that 'the enlargement, improvement or other alteration of a dwelling...
Mistakes do happen, and in some circumstances they can be rectified by the courts. In a recent case, the wife of a man who died in 2015 went to court after a mistake in dealing with a trust created under his will left a substantial potential Inheritance Tax...
When a person is appointed executor of an estate, they are given a reasonable period to progress the estate administration but cannot procrastinate without adverse consequences being likely. When a woman died intestate in 2012, she left behind a house and...
The law requires that the driver of any vehicle has a valid insurance policy that covers injury or damage to third parties caused by or arising out of the use of the vehicle on a road or in a public place. The Supreme Court has given authoritative guidance...
Road accident victims who believe that they can only win compensation if they are entirely free from blame could not be more wrong. In a case on point, a pedestrian who was struck and severely injured by a cab driver has won the right to substantial damages...
The damaging legacy of childhood sexual abuse often lasts a lifetime and, if you are a victim, you should consult a solicitor without delay. In one such case, a middle-aged man who was repeatedly abused by a sports teacher when he was a schoolboy has been...
A wealthy Omani man who failed to pay to his ex-wife the financial settlement ordered by the court, or to cooperate with disclosure orders, faces arrest if he attempts to return to the UK. When the couple's marriage broke up, they were divorced under Omani...
Failing to take active steps to protect your land from use by another can produce unfortunate effects, as a couple from York discovered recently. The couple own a bungalow which has a front driveway adjacent to that of the next-door bungalow – a...
Those who fall victim to negligence while holidaying abroad can face tricky legal hurdles in winning compensation for their injuries. However, as a case concerning a woman left paralysed by a swimming pool accident in Mallorca showed, specialist lawyers are...
It is common in legal disputes for the two sides to agree to suspend the court proceedings for a period so that they can get as much agreed between them as possible, and gather their evidence and prepare their arguments over what remains in dispute without...
If you dispute a tax bill, you are entitled to a fair hearing of your appeal and specialist advice will ensure you get just that. In a case that demonstrates this point, a couple were relieved of a substantial Capital Gains Tax (CGT) demand after...
It is not widely known that the 'cap' on assets above which people in residential care must fund their own care is only £23,250 in England and Northern Ireland. It is even less well known that elsewhere in the UK the cap is set at different levels. In...
If building works on your home go wrong, strong legal representation can ensure that you are properly compensated. In a recent case, a couple who paid over £400,000 for a state-of-the-art home cinema, but did not get the architectural jewel they had...
Sums paid in damages to negligence victims may appear large, but the reality is that no amount of money can ever compensate them for what they have lost. A judge acknowledged that sad fact in approving a multi-million-pound payout to a young man who was...
The legal ownership of property is not always the same as the beneficial ownership and disputes can arise when no documentation is executed to show the two are different. Such was the case in a recent dispute which occurred after a couple who had two...
Sometimes, the danger of accidents lurks in unexpected places in a working environment. Recently, a teacher who fell off a classroom table received £250,000 in compensation from her employer. She had, as is common, been putting a display on the wall...
A professionally drafted will is something every adult should have. Not only does it provide certainty as to who should inherit your possessions after your death, but it will also make things a lot easier for your executor at a time that is usually...
Judges interpret tax statutes in the real world and are experienced at looking beyond the detailed provisions of intricate transactions to discern their actual purpose. In a case exactly on point, the Court of Appeal found that Capital Gains Tax (CGT) was...
In order to sue someone, they have to be served with a notice of claim unless the service of the notice can be properly dispensed with. Can the notice of claim be properly dispensed with if the person being claimed against is not only unidentified, but...
The process of divorce in the UK has for many years been seen as rather long-winded and tending to produce more conflict than need be. One of the reasons for this is that the grounds which demonstrate an 'irretrievable breakdown' of a marriage – the...
The adequacy or otherwise of overseas legal systems can sometimes be a factor in deciding whether the English courts should accept jurisdiction to consider cases with a strong foreign link. That was certainly so in a Supreme Court case concerning injury to...
The legislation that introduced the Right to Rent scheme, which went live in February 2016 and compels landlords to check the immigration status of their tenants, has never been popular with landlords or tenants. Recently, the High Court ruled that the...
No amount of money can compensate for the loss of a loved one due to someone else's negligence, but it can at least soften the financial blow. In one case, the widow and four children of a man who was struck down by a hit-and-run driver achieved a...
The law in the UK is not supportive of people who assist, however unwillingly, those they love who want to die. Although such wishes are often borne out of suffering years of intractable pain or disability, assisting the suicide of another remains a criminal...
Trusts have been gradually falling out of favour, according to a recent report. It is thought that the fall of some 4 per cent in trusts submitting tax returns last year (and 30 per cent since 2003/2004) is due to both a lack of understanding of trusts and...
The quality of British justice is respected around the world – but there are inevitably occasions when judges overstep the mark. In a family case on point, a mother had her two young children taken into care after a judge dismissed out of hand...
According to the Health and Safety Executive, slips and trips are the most common cause of workplace injury. On average, they are the cause of 40 per cent of all reported major injuries at work and can also result in other types of serious accident, such as...
Clients are reminded that, following the introduction of the Stamp Duty Land Tax (Administration) (Amendment) Regulations 2018 , the time limit for the payment of Stamp Duty Land Tax (SDLT) on property transactions has been reduced from 30 days to 14...
The impossibility of asking a deceased person what their real intentions were makes the value of these being clear before death quite obvious, as a recent case shows. It involved an elderly widow who died in 2016. After her death, her family discovered an...
Even if you are partly responsible for a road accident in which you suffer injury, expert legal advice will ensure that you are fairly compensated. In a case on point, a care worker who suffered severe brain damage in a collision won the right to substantial...
Having enough money to pay for care costs in the final years of life is a major concern for many and, despite promises made by governments in the past about limiting the impact on people, in reality the scale of the problem is such that the potential impact...
Employers have a duty under the Work at Height Regulations 2005 to protect employees from falls from height, which are one of the major causes of workplace fatalities and major injuries. Falls from ladders are particularly common, with employers often...
The welfare of children is always top of the list of priorities of the Family Court when making arrangements following the break-up of a family. This can be especially difficult where the parents are from different countries, as shown by a recent case in...
More than 550,000 people die annually in the UK and half of those deaths require the completion of Inheritance Tax (IHT) forms, which are not straightforward and can be a daunting burden at a difficult time for families. However, only 5 per cent of estates...
Retailers are strictly liable if they sell defective goods to customers who suffer injury as a result. In a good example of that principle being applied, two children who suffered life-changing injuries in a house fire sparked by a defective heater are to...
When your spouse's lack of attention to making a will causes issues, faking one is definitely not a good idea, as a Kent woman found out recently. Her husband died in 2013 leaving various properties in Spain and a flat in England, but no will. The woman...
Divorcing couples can sometimes achieve savings of both time and money by opting for arbitration, rather than court proceedings, as a means of resolving any financial disputes. However, as a guideline High Court case underlined , arbitration has its...
It is not uncommon for children born with severe abnormalities or injuries to die in childhood. In a recent case, the Court of Protection was required to decide how to divide the estate of a child who died when the lump-sum compensation settlement for...
Road accident victims often labour under the misapprehension that if they are in any way to blame for their own misfortune they are not entitled to compensation. However, that is not necessarily so, as demonstrated by a case in which a gravely injured...
If you own or buy a property, you may find that there are covenants which apply to it, a covenant being a requirement to do something or refrain from doing something with your property. A covenant will benefit other property in the vicinity. Typically, a...
The widows and children of two expatriate workers who were killed in the crossfire during a terrorist attack on an Algerian gas production facility have successfully negotiated a financial settlement of their claims. The men were amongst many innocent...
It is commonplace for people to appoint siblings or friends as their executors. When they do and they are of a similar age, there is a risk that when the person who has made the will dies, the proposed executor will have predeceased them or lack the mental...
The application of the 'sharing principle' to big money divorces is more than a matter of simple mathematics, and what family judges aim to achieve is a broadly fair outcome for both sides. That was certainly so in one case in which the Court of Appeal...
Many people employ carers or cleaners to assist them with daily living. Quite often, such arrangements are informal and can last many years. However, failing to put them on a proper footing can prove to be an expensive mistake. Where an agency is used and...
Injuries sustained at work can have devastating consequences and victims should not delay in seeking specialist legal advice. In one case, a special needs teacher whose career was cut short after he was kicked in the knee by a pupil won substantial...
With significant losses being reported in 'pension transfer scams', it is no surprise that when the administrators of a pension scheme receive a request to transfer a pension to a new scheme, they are expected to conduct an appropriate due diligence process....
You may have good reasons for writing close relatives out of your will but, as any lawyer will tell you, the consequence of doing so can be family discord after you are gone. That was certainly so in one case concerning a father who disinherited his...
Potholes are a plague on road users, and local authorities are under a duty to identify those that pose a danger and fill them in. However, a High Court case concerning an injured cyclist showed that such obligations are not without limit. The cyclist came...
Restrictions on land use appear in the title deeds of many properties – but the law permits their deletion or modification if they become obsolete over time or stand in the way of reasonable development. Exactly that happened in one case in which the...
Although commercial surrogacy businesses have long been banned in the UK, the Court of Appeal recently ruled that a clinical negligence victim would not be breaking the law were she to enter into such an arrangement in California, where a more liberal...
Those who suffer sexual abuse are entitled not only to see perpetrators punished by the criminal law, but also to sue them for damages. In a case on point, a young man whose life was thrown into chaos after he was molested by a senior police officer won...
The legal dispute between Elon Musk and Vernon Unsworth, the man who helped to rescue boys trapped in a cave in Thailand, may have dropped out of the press over the last few weeks, but a recent case shows the lack of accuracy of Mr Musk's assertion that...
If you are injured as a result of your employer's failure to match up to health and safety obligations, it is important to seek legal advice to ensure you are properly compensated. The point was proved by one case in which a man who suffered catastrophic...
The supposition that residential properties are exempt from Capital Gains Tax (CGT) is a common, but incorrect, one. You would think, for example, that if a person only owns one property, sleeps there quite often, has post sent there and tells the council...
When parents changed their wills to exclude their son from inheriting their £1 million farm after a family falling-out in 2016, he took the unusual step of challenging their right to do so. Normally, such challenges are made against the estates of...
Home-made contracts, particularly for the sale of land, are a singularly bad idea and can lead to costs that dwarf the modest sums needed to secure proper professional advice. Exactly that happened in one case in which a house purchase contract was so...
Even if you think that a road accident in which you have been injured is partially your own fault, you should not delay in seeking specialist legal advice. The point was made by a case in which a pedestrian who was knocked down and gravely injured after...
When the mother of a teenage daughter who had been taken into care in 2016 with her agreement had another child, the local council's social services department became involved. The woman's daughter had been removed from home as a result of her mother's...
Everyone has a right to complain about their neighbours' behaviour, but where such complaints are unjustified and take the form of harassment the consequences can be severe. In one such case, a flat dweller who made a fellow resident's life a misery was...
A supermarket worker who cut her thumb while working on the fish counter has secured compensation from her employer after her injury led to her developing a serious infection. The woman was gutting and cleaning fish when she cut her thumb on a sharp fin. A...
Recently, Santander was fined more than £30 million for failing to distribute more than £180 million held in deceased customers' accounts to their personal representatives or entitled beneficiaries. More than 40,000 account holders were involved...
When an 18-year-old woman bought a derelict end terrace property in London in 2006 and sold it to developers the following year, she made no entry on her tax return, believing that principal private residence relief applied. Having made a 'discovery' of the...
Many wills contain clauses which alter the distribution of assets in the event of changing circumstances, such as the death of one of the beneficiaries under the will before the person making it. When drafting such clauses, it is essential that they are...
If you have a legitimate legal complaint, any delay in consulting a solicitor is highly likely to benefit the wrongdoer. A man whose home was taken from him by fraud, but who delayed over 20 years before taking legal action, found that out to his cost. The...
A woman who fell and twisted her ankle as she left a car park has succeeded in her claim for compensation. In such cases, it is sometimes difficult to ascertain exactly who owns the premises and who is responsible for maintaining them so they do not pose a...
The law relating to the division of family assets on divorce varies widely across the world and the UK is generally regarded as one of the fairer jurisdictions for such financial arrangements in that the assets tend to be divided more equally than in many...
Consumers have a right to expect that the goods they purchase are of satisfactory quality and do not expose them to risk of injury, as was illustrated by a case in which a homeowner won the right to compensation after a furniture unit came apart and fell on...
Is compensation paid to individuals whose businesses have failed due to mis-selling of financial products subject to Income Tax? In a decision that will disappoint many victims of bank wrongdoing, the First-tier Tribunal (FTT) has answered that question in...
When employees are working 'out of the office', their employer remains responsible for making sure that their working conditions are reasonably safe, and in that context having a safety policy alone is not enough...it must be taken seriously. A recent case...
Inheritance Tax (IHT) is not only payable on the value of the estate of a deceased person, but can also be levied on 'transfers of value' from the deceased's estate in the seven (exceptionally 14) years prior to their death. But what counts as a transfer of...
You might think that where the boundaries of property lie should be clear, but boundary disputes are a fruitful source of argument in the courts. A recent case arose when, between contracts being exchanged on a property and the completion of its purchase, a...
One of the most tragic effects of serious head injuries can be that victims lose the ability to make rational decisions and can be intensely vulnerable to exploitation by others. However, a case in which a crash victim won seven-figure compensation showed...
It is a mark of a civilised society that anyone who suffers a wrong at the hands of state authorities is entitled to compensation. In a case on point, a prisoner whose release was considerably delayed when the Parole Board was stricken by staff shortages ...
The psychological scars borne by road accident victims can be just as serious as their physical injuries and they are equally worthy of compensation. In a case on point, an aspiring ski instructor who has been left with a fear of mountain roads after a...
It may sound overcautious to say so, but it is always worth taking legal advice before entering into any significant arrangement, even when it is with a trusted member of the family. Failing to do so has proved to be an expensive lesson for a woman who has...
The health and safety obligations placed upon employers are onerous and failing to meet them in full can have grave consequences. The point was proved by a case in which a haulage company was found liable to pay very substantial damages to a lorry driver who...
The recent Budget contained an announcement that will be unwelcome news for some property owners. The sale of a person's principal private residence has always received favourable treatment for Capital Gains Tax (CGT) purposes. Normally such sales are...
Proposals to link the cost of being granted probate over an estate valued at more than £5,000 (currently fixed at £215 for those applying individually or £155 if applying through a solicitor) to the value of the estate were announced in...
The leasehold system in the UK has been crying out for reform for years, and the Government has decided to tackle the issues through the medium of a new consultation paper called 'Fixing our broken housing market'. The chief target for the Government has...
Modern litigation spans the globe and issues concerning cross-border service of documents and jurisdiction often raise difficulties that make specialist legal advice essential. That was certainly so in a High Court privacy case with a strong international...
You may be forgiven for thinking that the authorities always follow proper procedures, but that is not the case, and when they fail, their actions may not be legally valid. In a recent case, a series of errors put a taxpayer and HM Revenue and Customs...
It is commonplace for one spouse to control the family finances and, while relations are amicable, this usually causes few issues. However, if the relationship falls apart and separation or divorce is in train, this is often no longer the case. When a...
Freak accidents do happen but, where an accident is someone else's fault, it is all part of a specialist lawyer's work to ensure that victims are fairly compensated. In one case, a young man who was catastrophically injured when felled by a heavy metal gate...
When a man's first wife died, he inherited her share of the property they had owned jointly. At the time, he was living with his third wife, and the couple remained together for a further 28 years until his death in 1990. He died without making a will and...
It is a principle of law that no one should be compensated for the consequences of their own criminal acts. However, in a guideline decision, the High Court awarded substantial damages to the partner of a deceased motorist – despite finding that his...
A recent case may raise alarm bells for anyone thinking about adding a basement to a property which is divided. It involved a terraced house which was converted into two flats. The top two floors of the property were owned by the freeholder. The owner of...
Those who take part in contact sports necessarily accept some risk of injury. The High Court made that point in finding that a rugby union player bore no legal responsibility for injuries suffered by an opponent with whom he collided. The full-back on one...
When people need to go into care, the local councils that end up supporting the care costs are well known for their doggedness in attempting to ensure that the person being cared for supplies as much of the funding as possible. This will often involve a...
Legislation that will give families of people who go missing the ability to administer their affairs is to come into effect: but not until July 2019. The Bill received the Royal Assent as long ago as April 2017, but the need for secondary regulations and...
There has been a massive amount of disinformation put about over the years (and, apparently, recently promoted by the Russian security services) regarding the effects of various vaccinations on children. One result is that some parents are deeply wary of...
Although it is normally necessary to ensure that personal injury claims are brought soon after an injury occurs, there are some injuries which may manifest themselves only years after they have been caused. Exposure to noxious substances is a common cause of...
Individual Savings Accounts (ISAs) have many advantages over normal savings accounts – chiefly that the investment income earned on them is tax free and gains within them are not subject to Capital Gains Tax. They are, not surprisingly, widely regarded...
The widespread belief that 'an Englishman's home is his castle' can all too easily lead the unwary into breaching planning rules. That was certainly so in a case concerning a householder who found herself in serious trouble after splitting her home into...
Before the introduction of the Corporate Manslaughter and Corporate Homicide Act 2007 , an organisation could only be convicted of manslaughter if a 'directing mind' – i.e. a senior manager or director – was also personally liable, but this did...
When an investment is made in a capital asset that subsequently becomes valueless, the loss can normally be used to reduce future liabilities to Capital Gains Tax when a capital asset is sold at a profit. There are also rules which permit trading expenses...
If parents engaged in child contact disputes take up entrenched positions, it is very nearly always the child that suffers most. Such disputes can often be defused by taking legal advice at an early stage in order to promote dialogue and an amicable...
Employers can be found vicariously liable for the actions of their staff when these occur in the course of their employment, which can include during an office function, but a recent case looked at the position when an employee suffered a severe brain injury...
Lending money to the public is, for obvious reasons, a heavily regulated activity and, as a case concerning timeshare properties showed , any involvement by those who are not authorised to carry out such activity can render credit agreements entirely...
Two recent cases illustrate that employers need to be vigilant in assessing tripping and slipping hazards in areas where workers perform their tasks. If they fail in this duty, those who are injured as a result may be able to claim compensation. In one...
A case heard by the Privy Council makes required reading for any employer who provides non-contractual benefits to their employees. In principle, the legal point was simple, although the legal issues raised were not. Could an employer who provided the...
The High Court of Justice is a very expensive place to resolve a family dispute, as is evidenced by a recent case which pitted members of a farming family against each other : it shows beyond doubt the importance of documenting decisions and retaining the...
The law allows people who occupy land over a long period and use it as their own, without anyone else asserting ownership rights to it, to apply to have their title to it registered at the Land Registry. This is normally called 'squatter's rights' and...
Scams of all shapes and sizes are becoming depressingly frequent and the Financial Conduct Authority (FCA) has warned against the rising tide of pensions scams that leave people facing years of misery in retirement as a result of passing their pension funds...
The Supreme Court recently decided a case which made clear some of the limits that apply when financial issues were resolved within a consent order at the time of a divorce but where circumstances have changed over time and one spouse seeks to have the...
Gazebos are used by all kinds of organisations when attending events up and down the country. It may not seem that an employer's duty to assess and minimise workplace risks would extend to tasks such as carrying and assembling gazebos, but a recent case...
When a person's affairs are being managed by someone else under a lasting power of attorney (LPA), there are strict rules about what the attorney can and cannot do with the assets placed under their control. The attorney is expected to safeguard the assets...
It is entirely understandable that victims of sexual abuse may seek to bury memories of their suffering. However, as a Court of Appeal decision illustrated, those who delay contacting specialist lawyers may ultimately jeopardise their chances of obtaining...
Care orders for children that result in them being taken away from their parents are not made lightly. When a 14-year-old girl was assessed as having 'a range of complex therapeutic needs' that made constant supervision and care essential, the decision was...
A pedestrian with learning difficulties who suffered serious injuries when he was struck by a car as he crossed a main road in Peckham has been awarded £147,000 in compensation. The car hit the man on his left side when he had nearly reached the...
Those who make a profit on the sale of their principal private residence do not have to pay Capital Gains Tax (CGT) on it. However, as a test case concerning a couple who built their own home showed, that apparently simple statement disguises a hinterland of...
Those who doubt the legal advantages of getting married should take note of a case in which an elderly man was left facing homelessness after his partner's unexpected death and had to go to court to seek reasonable provision from her estate. The unmarried...
When a council had to dig a trench along a street in order to carry out road works, it created a temporary path for those using the street. However, the path it built was unsafe and, in trying to negotiate it, one local resident fell into the trench and was...
Many blocks of flats are managed by a residents' association, which has the great advantage of affording tenants democratic rights of self-determination. However, as a decision of the Upper Tribunal (UT) showed, such bodies bear onerous, and often complex,...
The law that allows someone who was dependent on a deceased person during their lifetime to make a claim against their estate if there is no, or inadequate, provision for them in the will is one of long standing (the Inheritance (Provision for Family and...
We all make mistakes…and when a contract is set up the terms of which clearly do not reflect what was intended, the court can be asked to rectify it. A recent case shows that that approach can also be taken with regard to incorrectly drafted trust...
The Supreme Court judges' decision to prevent a wife from divorcing her husband , which was made 'without enthusiasm', is expected to lead to calls for a rapid change in the law. The case arose after a wife's application for a divorce was opposed by her...
When someone is injured at work in a preventable accident that was not their own fault, it is not always immediately clear who is to blame. A recent case dealt with a claim brought by a warehouse worker who hurt his back while unloading goods delivered to...
When the Finance Act 2006 came into force, it introduced a ten-year charge on discretionary trusts containing 'relevant property'. Most discretionary trusts that were started after 21 March 2006, other than those covered by specific exemptions, will carry...
In a ground-breaking decision, the High Court has awarded compensation to a pedestrian who was hit by an uninsured driver on private land. The man was walking across a field when he was hit by a 4x4 vehicle, which had been driven from a public road onto a...
Construction works on neighbouring properties can make your life a misery but, with the right legal advice, you may be able to do something about them. In a case on point, the High Court came to the aid of a woman whose rental property was deprived of light...
When an estate is to be administered, an application for probate must first be made if the deceased left a will. Once probate is granted, the process can begin. However, the mere granting of probate does not mean that all is said and done on the matter, as a...
Trees may be easy on the eye, but they can also be dangerous and landowners are under a legal duty to protect the public from falling timber. In a recent case, a bus driver who was seriously injured when his cab was hit by a falling lime tree won the right...
In a unanimous judgment, the Supreme Court has ruled that a bakery in Northern Ireland's refusal to make a cake bearing a slogan in support of same-sex marriage was not discriminatory. The legal battle began four years ago after Ashers bakery, a family-run...
The perceived generosity of English judges in big money divorce cases has made the UK the venue of choice for some – but anathema for others. However, as one case showed, judicial priorities have more to do with fairness than finance. The case...
Road accidents happen in seconds and those who are injured often have little or no memory of what happened. However, as a High Court case showed, that should not discourage victims from seeking legal advice with a view to fair compensation. The case...
A paramedic who was badly injured when a man he was assisting fell onto him has secured compensation from his employer. Andrew Worrall, from York, was taking home a man who had been involved in a road accident in icy conditions. The man was being helped out...
If you are approaching pension age, unless you are one of the increasingly few with a salary-related pension scheme, you would be wise to take professional advice before you take any irrevocable action. The decisions taken at certain points in managing your...
One of the dilemmas the courts face from time to time is how to achieve the right balance between individual privacy and the public's right to know about things. In a recent case , a patient who had made a complaint against a GP sought publication of the...
Insurance is a legal requirement for any driver in the UK and that is why insurance policies cover drivers, not the cars they drive. Since insurance companies will always seek to minimise the amount they pay out on claims, there are often lively arguments...
Japanese knotweed is a very considerable pest – 'indisputably the UK's most aggressive, destructive and invasive plant', according to the Environment Agency –as it can cause damage to buildings, spreads easily and is difficult to eradicate. As...
Taking on the police in court can appear daunting, but specialist solicitors are more than capable of performing the task, as was shown by a recent case in which the family of a young man who suffocated in a police van following his traumatic arrest...
One of the requirements for a will to be accepted as valid is that the person who makes it must have 'knowledge and approval' of its contents...in other words, they must understand what the will says and what it means in practice. It might seem, therefore,...
In the year to May 2018, councils in the UK paid out more than £2.1 million in compensation to pedestrians who tripped on uneven pavements, according to information obtained following freedom of information requests made by the Automobile Association...
It is normal for money, often considerable sums, to pass between family members. However, when this is done without legal advice, it is only too common for disputes to arise as to whether or not the sums concerned were meant as gifts. Disputes between family...
With the benefit of expert legal advice, even motorists who are partly to blame for accidents can win compensation for any injuries they suffer. Exactly that happened in one case concerning a motorcyclist who was travelling well over the speed limit when he...
Despite strong representations from the professional community, HM Revenue and Customs (HMRC) have decided that they will stick with a 30-day initial payment requirement for Capital Gains Tax (CGT) on residential property gains for disposals after April...
Almost everyone who has flown much has a story (or more than one) about lost or damaged luggage, and holiday insurance claims regarding these are commonplace. A Finnish man who took a holiday to Malaga found that some items went missing from his luggage on...
Expert legal advice is essential for those injured or made ill during a leisure activity, as was shown by a case in which lawyers secured a six-figure settlement for 28 victims of salmonella poisoning. The diners had all eaten at the Real China restaurant...
If you are faced with an unwelcome proposal for development nearby, a recent case shows how tenaciousness and a knowledge of past planning history can help to prevent it. Consistency of decision making is a fundamental principle of planning law and local...
If a loved one dies in an accident that is someone else's fault, you are entitled to compensation to reflect the loss of services and financial support that the deceased would otherwise have provided to you. However, as a High Court case showed, proving the...
London has gained a reputation as 'the divorce capital of the world' because settlements reached are, by international standards, very generous towards women. It is no surprise, therefore, that the courts in this country are a very popular choice of venue...
If you accept appointment under a power of attorney, it is essential to understand the responsibilities this entails. A recent case shows what can happen if a less than thorough approach is taken. It dealt with arrangements made by a 95-year-old widower...
It is a stressful and unhappy enough time when a loved one dies, but the anguish of those mourning the loss can be compounded when there are complications over payments to care homes which seem excessive. Recently, the Competition and Markets Authority...
On our densely populated island, there is a pressing need for available land to be put to sensible use and, where restrictive covenants lurking in title deeds prevent that happening, they can be modified. In a case on point, a man's desire to provide a...
The aim of compensation is to put victims of negligence as nearly as possible in the same position they would have been in had they not been injured. In a good example of that principle being applied, a woman who lost a leg in a road accident was awarded...
A decision of the Supreme Court announced today has important implications for unmarried partners of people who have died. The case involved a woman from Northern Ireland who was denied Widowed Parent's Allowance (WPA) after her partner of 23 years passed...
The usual course of events on divorce is that there is a financial settlement which divides up the family assets as they are at that point in time. This takes into account the expected future income and need for income of the couple who have split up, based...
A music teacher who suffered a serious leg injury when she fell off a stage at the University of London while teaching the oboe to students from the National Youth Orchestra has secured £65,000 in compensation. The stage where the 64-year-old teacher...
If landowners allow vegetation to grow so that it affects visibility on adjacent highways, should they be held liable if accidents occur? In a decision that broke new legal ground, the Court of Appeal has answered that question with a resounding 'no' . The...
Farming families appear regularly in the courts these days, as more and more cases arise that feature undocumented promises that have been made (or are alleged to have been made) by parents but not kept. The law will only enforce such informal arrangements...
Parents obviously bear responsibility for the safety of their children, but that does not mean that they have to be wrapped in cotton wool. A judge resoundingly made that point in rejecting claims that a mother was partially responsible for catastrophic...
Following the Grenfell disaster in 2017, cladding has come under close scrutiny with surveys being carried out as a priority in buildings across the UK. The failure to comply with Building Regulations (Part L1A 2010), which provides a framework for ensuring...
The first step in proving negligence is to establish that a duty of care is owed, and that can be no easy matter. However, in an important decision, the High Court has ruled that a police force owed such a duty to a suicidal woman who died from an overdose...
Relationships that start on the Internet are already leading to some interesting situations. A recent family case involved a British woman who had met a Pakistani man online and married him in the USA, where the couple had two children. Her husband had...
People frequently suffer injury principally as a result of their own carelessness. As a High Court case strikingly showed, however, that does not mean they cannot win compensation where the injury they suffered was partly because of the negligent action of...
Taxpayers are personally responsible for filing their tax returns on time, and failing to do so can lead to stiff financial penalties. However, in one case, the First-tier Tribunal (FTT) ruled that a self-employed website developer whose accountants lost all...
Money in a bank account represents the debt due from the bank to the account holder and is not 'property' in the eyes of the law. The Court of Appeal made that point in quashing the convictions of a woman who was accused of abusing her position as a senior...
When a will is made late in life which materially changes how an estate is to be distributed (especially when the new will favours one of a number of children), a dispute following the death is almost inevitable. So it was when an 85-year-old woman made a...
Almost every job involves at least some risk and, if you are injured at work, specialist lawyers should always be your first port of call. In one unusual case, an airline steward who suffered grave consequences after being bitten by a venomous insect during...
Family judges will approach pre-nuptial agreements with greater respect following a landmark Court of Appeal ruling in a 'big money' divorce case . The Court agreed with Lord Phillips' opinion in Radmacher v Granatino that failing to honour such...
Whilst most slips and trips are minor, the consequences are not always short-lived, as was evidenced by a woman who suffered a painful fall as she entered a lift. The floor inside the lift had recently been washed by a firm employed to clean the building,...
It is a common term in a lease for the tenants to have to seek permission from the landlord if they want to do something new to or with the premises they let. Typically, such clauses specify that permission will not be 'unreasonably withheld'. However, what...
A high-speed crash in Edinburgh between a car and a lorry left the driver of the car dead and his passenger severely injured. It later emerged that the car driver had been smoking cannabis prior to the accident. The woman passenger suffered a cardiac...
There are special rules for people working in the UK on short-term secondment from employers based abroad. Many do not become taxpayers under the UK tax system. When one such person contacted HM Revenue and Customs (HMRC) to clarify his position, he was...
With the holiday season upon us, a recent case shows that there are limits to the liability of tour operators when accidents occur, especially when they are the result of rash behaviour. The case involved a man who fell from the balcony of his hotel in...
A divorced man who remarried in his late 50s made a new will in 1998, one year after the marriage, which left his entire estate to his new wife. After he died, a home-made will was discovered, made shortly before his death. This left virtually his entire...
Employers who fail to provide their staff with the equipment they need to safely carry out their work positively lay themselves open to compensation claims, but not all accidents are the result of health and safety breaches. A High Court ruling in the case...
Court orders have to be obeyed and those who defy them can ultimately be sent to prison. Exactly that happened in one 'big money' divorce case in which an 83-year-old businessman repeatedly tried to thwart his ex-wife. Following the end of the former...
When valuing a property for Inheritance Tax (IHT) purposes, is it legitimate to take into account its potential for enlargement or improvement – so-called 'hope value'? In a guideline ruling, the Upper Tribunal (UT) has answered that question in the...
No amount of money can ever make up for what is lost by those whose lives are ruined by the negligence of others. However, as a £19 million compensation payout to a young road accident victim showed, a settlement can at least bring relief to...
If family members or friends are facing bankruptcy, it may be tempting to assist them in keeping their assets away from the clutches of creditors. The folly of such conduct was, however, strikingly revealed by a Court of Appeal case concerning a family...
One powerful reason why you should always seek legal advice before making your will is to ensure you meet your responsibilities to those who depend on you financially. In one case on point, the High Court effectively rewrote the will of a wealthy landowner ...
It is only right that genuine victims of clinical negligence are properly compensated – but the waters are sadly muddied for the honest many by a fraudulent few. Judges are alert to the problem, however, and in one case, a musician who grossly...
The Court of Appeal has made an important decision in a divorce case in which the main argument was over the availability of future income to fund maintenance payments in divorce settlements. The couple involved are both accountants and the husband is at...
A young man who was catastrophically injured in an off-road motorbike crash has won the right to a seven-figure sum in compensation – after fending off claims that he was engaged in a criminal enterprise when the accident happened. The then...
In 2017, 205,293 dwellings in England were left empty for six months or more. With the housing shortage never far from the news agenda, steps to bring unoccupied houses back into use are being taken by the Government. Under the Rating (Property in Common...
The negotiating skills of lawyers who represent accident victims can be just as important as their knowledge of the law. In one case on point, skilful representation on behalf of a woman who was gravely injured when she fell off a bus succeeded in...
If you are facing menacing demands for money, you should take legal advice straight away. In a recent case, the High Court came to the aid of a wealthy married businessman who claimed to have been subjected to blackmail following a brief affair with a work...
Financial pressure can easily lead the unwary into the arms of unscrupulous lenders. One High Court case, in which numerous borrowers found themselves in legal limbo , shows how unwise it is to enter into such transactions without professional advice. A...
Anyone who deals with the public is potentially exposed to liability and that is why it is sensible for traders to seek legal advice specific to their business about the extent of their duties. In one case where that did not happen, a shopkeeper was found...
Setting up family trusts with minors or those with mental incapacities as beneficiaries is by no means uncommon and it sometimes occurs that such trusts need to be varied for one reason or another. The mechanism for this is the Variation of Trusts Act 1958...
The validity of pre-nuptial agreements depends on legal advice being taken on both sides, equal bargaining positions and overall fairness. In one case, the High Court found that a wife in a big money divorce case was bound by such an agreement and awarded...
Harassment is very unpleasant and, when a person is subject to a campaign of abuse, it can prove extremely upsetting. Furthermore, it is often quite possible for the abuser to preserve their anonymity. In such circumstances, it might seem that there is...
Giving someone else power of attorney over your finances can be a useful means of ensuring that your affairs will be properly managed if you lose the capacity to do so yourself. However, one case in which a war veteran's money was plundered by a man he...
Package tour operators are under a duty to ensure that their clients' holidays are of a reasonable standard, but that does not mean they must bear legal responsibility for incidents abroad that cannot be foreseen or forestalled. The Court of Appeal made that...
Legal arguments between cohabitants who break up are commonplace. However, a recent case dealt with a lengthy legal dispute between the surviving partner of a gay couple and his deceased partner's family. The couple lived in a property that was owned by...
When a wealthy construction business owner and his wife divorced in 2011, a 'clean break' agreement was made to include the sale of the two properties they owned – the family home in the UK and one in Spain. In the event that neither had been sold, the...
It is a popular misconception that road accident victims have to be entirely blameless in order to win compensation. That is most certainly not so, as was shown by one case in which an injured police officer won the right to substantial damages. The officer...
Although they may not know it, many householders are banned by restrictions in their title deeds from using their properties for commercial purposes. Recently, a man who converted his garage into a dog grooming parlour discovered why he should have sought...
You may think that because a firm has an email address, you can serve a writ or other legal document on them by sending it via email…and so you can, but not unless the firm has agreed to that. It took a visit to the Supreme Court to resolve the...
Every employer has a duty to provide employees with suitable personal protective equipment or clothing to guard against exposure to health and safety hazards while they are at work. Risk assessments should also be carried out to identify any foreseeable...
The dangers inherent in adopting a casual approach to one's will were starkly illustrated in a case that considered the validity of three 'templated' wills written by an elderly woman within a period of four years. The woman had three children and two...
When a person is not capable of looking after themselves, the Secretary of State has the power to appoint someone else to do so. A recent court case shows that failing to do so in a balanced way can have adverse consequences and saw a judge condemn the...
Divorces where there is an international dimension often present specific issues, and a recent case involving a couple who had been living in Australia before they separated is no exception, leading ultimately to a hearing in the Supreme Court . The...
If your tenancy agreement contains a 'no pets' policy, the fact that your pet does not cause any issues for other tenants will not prevent your landlord from enforcing its removal. In a recent case, the High Court ruled that a couple had been lawfully...
Litigating without using a qualified solicitor to assist you is strictly for the foolhardy. The point could hardly have been more clearly made than by a case in which a man who wished to have his criminal record erased from the Internet sued the wrong...
Noise from neighbours is a common source of nuisance and can be very disruptive. It can be a particular problem for those living in flats, and not all neighbour noise constitutes a statutory nuisance covered by the Environmental Protection Act 1990 . Whilst...
Remarriages are a common source of disagreement and acrimony among family members and dementia is an increasingly prevalent issue, so it is unsurprising that when both were present, the result was a legal dispute in which the Court of Protection had to...
Sometimes, what seem to be quite simple questions have to be decided in court. In a recent case, the issue was who owned the money in a joint bank account when one of the account holders died. Simple question or not, it was argued all the way to the Court...
Legal liability can strike unexpectedly and, in a case that is bound to cause concern amongst parents, a mother has been left facing a substantial compensation bill after her ten-year-old son accidentally hit a friend in the eye with a golf club. To...
In a ground-breaking decision that prioritised the rights of the living over those of the dead, the Court of Appeal has opened the way for genetic testing of DNA extracted from a sample taken from a cancer victim before his death in order to clarify the...
Road accidents that happen in a split second can wreck lives forever, and that is why it is so important that specialist lawyers are there to help. In one recent case, a brilliant young IT worker who was catastrophically injured when he was run down by a...
The planning system is very far from straightforward and sensible landowners seek legal advice before tackling it. The point was underlined by one case in which a farmer ended up with a part-built barn and at risk of enforcement action if he completed the...
The finding that more than a third of users of the Internet in the UK have been 'trolled' or been the subject of harassment or 'cyber-bullying', sometimes with severe effects on those singled out for online abuse, has led the Government to commission an...
Lightning does sometimes strike twice in the same place and some people very sadly suffer more than their fair share of tragedy. That was certainly so in one case, in which a young man who was being looked after in a care home following a road accident...
Even the most careful drafting cannot always succeed in dispelling ambiguity or in making provision for all future eventualities. As a High Court case concerning a family trust showed, however, the courts are always there to act as a neutral umpire in...
If you rely on your accountant's advice regarding a tax issue, HM Revenue and Customs (HMRC) will now regard you as having taken 'reasonable care' to get things right and will not impose a penalty. On 14 February, HMRC issued new guidance relating to the...
Signing a contract before you are sure you are willing to complete it can be a huge mistake: judges do not flinch from enforcing valid contracts, as a recent case shows . It involved a man who reneged on a deal to buy a family home for £5 million. He...
In a ground-breaking decision, the Supreme Court has dispelled the mistaken belief that the police enjoy a general immunity from being sued in respect of anything they do in the course of investigating or preventing crime. The case concerned a woman in her...
Family judges know that children normally do best when they have direct contact with both parents. The Court of Appeal underlined that point in a case concerning five ultra-Orthodox Jewish children whose transgender father had been ostracised by the close...
Thefts from hotel rooms are thankfully not an everyday occurrence, but when such a crime is committed, who, if anyone, is liable to pay compensation can become an issue, especially as the perpetrators, even if caught, frequently turn out to be penniless. In...
A woman travelling on holiday in the USA (where medical costs are extremely high) was injured when a car park boom was lowered in error, causing lacerations to her head that required a visit to hospital and several stitches. The accident happened near the...
When the male partner of a cohabiting couple died, apparently without leaving a will, after they had lived together for more than 40 years, his estate was administered according to the laws of intestacy, with the result that no provision was made for his...
About 900,000 UK citizens are long-term residents abroad, and it is no particular surprise that they may be less careful about managing their UK tax affairs than those who live in the UK. Many foreign residents retain UK properties, and when these are sold a...
When an employer's training of staff in how to carry out potentially dangerous processes is deficient, it is difficult to argue that when someone is injured as a result of that failure, they share responsibility for what happened. So, when a court ruled...
In a consultation paper published just before the December holiday season , the Department for Work and Pensions (DWP), which is the Government department that deals with child maintenance payment arrangements, outlined significant powers that would enable...
You might think that something as seemingly simple as buying a pitch for a caravan is straightforward enough to do yourself, but a recent example shows why no sensible person would consider entering into a property transaction without employing a specialist...
Whether an injury is the result of negligence or deliberate action, obtaining legal advice is the first step towards victims being justly compensated. In one case, a former soldier who was severely beaten by two non-commissioned officers (NCOs) won a...
After a ghastly year for flight delays, with British Airways suffering two major IT failures, Ryanair's problems with aircrew rotas and air traffic control disputes, a recent report reveals that nearly £400 million in claims could have been made for...
When a man slipped on ice in a Swansea car park and sustained injuries, he brought a case against the council alleging that his injuries had resulted from a failure to grit the car park, which he claimed was a breach of its obligations under the Occupiers'...
When a person is excluded from the will of someone on whom they were 'dependent', the Inheritance (Provision for Family and Dependants) Act 1975 provides that the dependent person can apply for 'reasonable financial provision' to be made for their...
The automatic penalties attaching to late filing of tax returns have long been an unpopular issue for taxpayers. The system involves fixed penalties for missing deadlines and these are rigorously applied. Filing a tax return online just seconds after the...
The sea is a very different legal environment from dry land and those who suffer injury on board ships can face particular difficulties in winning compensation. However, in one case, a cruise ship passenger whose holiday was spoilt by a tripping accident...
Sadly, not all relationships that get off to a good start last, and it is vital to seek legal advice before entering into any financial arrangements, even with those who are closest to you. That point was clearly made by a case in which a woman attempted to...
People who suffer injuries in road accidents that are partially their own fault can still win compensation with the right legal advice. In one case on point, a woman who accepted that she was reckless when she stepped into the path of a bus was nevertheless...
Situations where patients in an unconscious or minimally conscious state are being kept alive only because of intervention by medical technology are relatively commonplace. A recent case dealt with the issue of whether the approval of the court is...
Following an outcry over the terms that apply to the purchase of new leasehold properties in some circumstances, the Government conducted a public consultation. This has now reported and legislation is expected soon to deal with the abuses identified. ...
A tragic ending to a family holiday led to a dispute which was only resolved in the Supreme Court. The woman and her husband had previously visited Egypt and stayed at a hotel there. Before returning to England, they had picked up a brochure in the hotel...
Even the most apparently trustworthy people can sometimes turn out to be anything but and that is one good reason why it is sensible to appoint a solicitor as executor of your will. In one case that proved the point, an ex-police officer took advantage of...
One of the issues that proves difficult for executors of deceased persons who have Individual Savings Accounts (ISAs) is that the interest on them is taxable once the owner has died. Many of these accounts are small and, given that interest rates have been...
Despite much publicity and numerous judicial warnings, some people still do not understand that they are not entitled to post private and confidential information about others on the Internet. In one case, a man was hit hard in the pocket after uploading...
The legal implications of cohabitation are often poorly understood by those who choose to live together outside of marriage or civil partnership, and the lack of protection for cohabitants often comes as an unpleasant surprise to many, especially when a...
It is normal for victims of crime to think that the conviction and punishment of the criminal marks the end of the process entirely. However, that is not always the case as, when appropriate, compensation can be sought from the criminal. A good example is a...
When can a passenger be said to have embarked or disembarked from a vessel? The Court of Appeal resolved that issue in a novel case of significance to tourists and others who are injured when making their way on and off boats. The case concerned a man whose...
Owning a share of the freehold is often cited as a selling point to flat buyers – but tenant democracy is no panacea and there is little advantage to it if residents do not get on. In one case, a dispute between wealthy apartment dwellers over cuts to...
It is an enduringly popular misconception that all you need to do in order to establish that you are not UK resident for tax purposes is spend fewer than 90 days per year in this country. However, the true position is much more nuanced than that, as one...
Property owners who fail to keep their visitors reasonably safe can be hit hard in the pocket. In one such case, a confused patient who fell off a hospital roof has won the right to a substantial compensation settlement from an NHS trust. The diabetic man...
When the Family Court was asked to consider an application for an adoption order made by a couple, two factors proved crucial in deciding whether it should be granted. The first was that the boy's natural parents could not reasonably be considered able to...
Discerning where blame for road traffic accidents lies is not always easy but, with the aid of specialist legal representation, the courts are able to uncover the truth. In one case on point, solicitors representing a catastrophically injured pedestrian...
Wills made or varied just before death are a frequent source of dispute and court appearances, and it was just such an occurrence that led to a High Court hearing recently . The case concerned the estate of a woman who died in 2014, two days after making a...
Elderly people and those who are vulnerable are sadly prime targets for rogue traders, but the law is not powerless when it comes to helping those affected. The successful prosecution of a rogue builder promises more than £200,000 in compensation for...
A man who was working as a contractor at a factory in Yorkshire has received compensation for injuries he sustained when an articulated lorry reversed into him, crushing him under its wheel. He was freed from underneath the lorry by the emergency services...
One of the potential disadvantages of having more than one owner of a property is what to do when they take different views of whether it should be sold. In a recent case, a husband went to court to force the sale of a property he owned with his wife (she...
So called 'crash for cash' frauds are a blight not only on the motor insurance industry but also on honest drivers. The High Court made that point as it meted out stiff punishments to nine people who made dishonest compensation claims following alleged road...
In the recent Budget, the Government committed itself to a review of the operation of trust taxation in the UK. Since reforms were introduced in 2006 to counter what appear to have been little-used tax avoidance schemes, trusts have been used less often...
Under English law, a person is able (within limits) to decide absolutely to whom their estate should pass. However, many countries have 'forced heirship' laws, under which a deceased person's estate must pass in specified proportions to a particular person...
Aircraft passengers ultimately put their safety in the hands of pilots, but if things go wrong, it is only fair that they are compensated for any injuries suffered. In one case, a man who was lucky to survive when a friend's microlight nose-dived to the...
We have written on numerous occasions of the danger of either failing to leave a will or of not taking professional advice when making your will. Among the difficulties that can arise with DIY wills are challenges by family members who have been excluded...
In an ideal world, public authorities would protect everyone against all foreseeable risks of injury. That, however, is an obviously unobtainable panacea and, as one Court of Appeal ruling showed, limits on public resources have to be taken into account when...
One of the advantages of placing your trust in solicitors is that they owe a lifelong duty to maintain the confidentiality of any information you give them. That point was underlined by a High Court case in which a solicitor was banned from taking...
Under Inheritance Tax (IHT) law, certain types of trust have a ten-yearly charge to IHT on the value of the trust assets. The legislation, which imposes IHT of 6 per cent on the 'relevant property' in the trust settlement, was introduced in 2006 and applied...
People who seek advantage by going beyond the bounds of planning permission they are given can expect to be taught a very expensive lesson by the courts. However, the law does guarantee the right of a person to have a planning application considered, as was...
When a couple divorced in 2014, the ex-husband was ordered to pay his ex-wife periodical payments of £120,000 per year after he was found to have used a variety of stratagems to make himself appear worse off than he really was. A mere three months...
Even if injuries suffered in road accidents are relatively slight, the consequences of trauma can be devastating. That was certainly so in one case concerning a senior IT manager who won a six-figure compensation award for the psychiatric consequences of a...
A solicitor's primary duty when drafting a will is to follow faithfully their client's instructions after giving accurate and level-headed advice. In a professional negligence case triggered by the early death of a business tycoon's wife, the...
Slipping accidents can happen anywhere – even in the 'Mother of Parliaments'. That point was made by a case in which a cleaner won thousands of pounds in damages after coming to grief on a greasy spillage in a House of Commons kitchen. Roast lunches...
Many people think that for a libel to occur, the statement made has to be both false and made in public, but in fact that is not so, as a recent libel case confirms . The libellous comments were made by a care worker at a hospital about a colleague in an...
Anyone tempted to participate in a tax avoidance scheme would be wise to take note of one case in which a businessman complained in vain that he had been subject to HM Revenue and Customs (HMRC) inquiries for almost seven years, with no end in sight. The...
Compensation is for accident victims who deserve it and judges come down hard on those who dishonestly embellish their claims. In one case, a man who deliberately and cynically lied in an attempt to win more than £1 million in damages after a road...
Home ownership is generally regarded as providing safety and long-term security, but this is not always the case as properties can be compulsorily purchased by public authorities to make way for socially beneficial developments. Any householders affected are...
Race discrimination takes many forms and can be both conscious and unconscious. In an example of the latter, a mixed-race woman who was subjected to humiliating treatment by police officers triumphed in her marathon fight for compensation. The woman was...
Accidents at work can ruin careers and, if they are your employer's fault, it is only fair that you are compensated. In one case on point, an air stewardess left traumatised by an incident in which a jet engine caught fire was awarded more than...
When you appoint a solicitor to be the executor of your will, you can be assured that they will understand their duties and can be relied upon to comply with them. However, as a High Court case showed, the same sadly cannot always be said of friends or...
When a same-sex couple undertook fertility treatment which led to the birth of a baby girl, the intention was that both would be listed as her legal parents. However, due to mistakes made in processing the necessary forms, only one of the couple was shown as...
When a person is injured in a motor accident that is not their fault, a claim will be brought against the other driver and met by that driver's insurance company. In such circumstances, a special regime applies to the legal costs involved, such that the...