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

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

Has Your Home Been Devalued by Public Infrastructure Works?

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

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

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

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

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

Inheritance - Your Right to Seek Reasonable Provision Dies With You

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

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

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

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

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

Defiant Mother Sentenced for Refusing Father Contact with Their Child

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

Injured Fairground Worker Succeeds in Personal Injury Claim

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

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

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

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

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

Motor Insurers Are Relentless in Exposing Dishonest Road Accident Claims

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

Businessman Reaps Whirlwind After Years of Inattention to His Tax Affairs

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

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

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

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

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

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

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

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

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

Family Judge Treads the Blurred Boundary Between Life and Death

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

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

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

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

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

Important Update For Landlords In Wales

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

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

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

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

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

Personal Injury and Admissions of Liability - Guideline High Court Ruling

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

Can Planning Objections Amount to Harassment? Guideline High Court Ruling

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Vicarious Liability Can Extend Beyond Those Formally On Your Payroll

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

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

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

'Humanitarian' Residential Landlord Fails in Novel Banning Order Appeal

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

Road Accident Victim 'Not Fundamentally Dishonest' - Guideline Ruling

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

Adoption - Internet Research Can Never Replace Professional Legal Advice

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

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

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

Terminally Ill Woman's Marriage Triggers High Court Inheritance Dispute

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

Overseas Divorce - Supreme Court Identifies Unjust Defect in Matrimonial Law

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

Tree Surgeon Hit by Falling Branch Receives Six-Figure Award

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

Guide On Wales' 20mph Speed Limit Change

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

Adverse Possession - Couple Win Legal Title to Disputed Garden Plots

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

Online Traders are Not Beneath the Tax Authorities' Radar

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

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

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

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

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

Undue Influence - Vulnerable Mother 'Coerced' into Making Will

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

Theme Park Operator Succeeds in Roller Coaster Personal Injury Appeal

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

One Good Reason Why Professional Conveyancing is Always Required

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