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While the courts have a range of powers to set aside orders, they will only exercise them in limited circumstances. In a somewhat surprising case that has attracted much comment, the High Court declined to set aside a final order of divorce that had been...

A man who was injured crossing a road in Belgium has defeated an application by the motorist's insurer to have his claim in England stayed in favour of proceedings in Belgium. The man, who was 53 and worked as an aircraft maintenance engineer, was visiting...

Following concerns last year about delays in processing probate applications, recent figures from HM Courts and Tribunals Service show that waiting times for grants of probate are continuing to improve. The average time from submission of a probate...

It is incumbent on taxpayers to make sure they fully comply with their obligations to file returns and pay any tax due. The point was illustrated by a recent case in which a taxpayer whose return had not been received by HM Revenue and Customs (HMRC) failed...

If a person lacks the capacity to make a will for themselves, it is possible to make a statutory will for them by applying to the Court of Protection. When seeking to vary such a will, however, the Court of Protection Rules 2017 require that beneficiaries...

Tenants of poorly maintained properties are not powerless and have the ability to apply for rent repayment orders where issues with the property amount to offences committed by the landlord. The First-tier Tribunal (FTT) recently ordered the landlord of an...

It may be possible to secure interim payments to help cover expenses such as care costs until a personal injury claim is settled. However, interim payments are only available in certain circumstances, such as where the defendant admits liability to pay...

Disagreements between separating couples all too often result in litigation that substantially reduces the assets available to them, as was illustrated by a case that recently reached the High Court. At issue was whether awards made by arbitrators in...

Arguments about what someone promised before their death can lead to significant legal costs. However, if faced with a claim against the estate, there may be steps the beneficiaries or executors can take to reduce the risks, as a recent High Court case...

There are often very specific rules that must be complied with in order to claim tax reliefs, but if a small mistake arises, the courts may be able to provide assistance. In a recent case, the First-tier Tribunal (FTT) found that an investor was entitled to...

When liability for a workplace accident is disputed, personal injury lawyers will fight hard to ensure that a fair settlement is reached. In a case on point, a substantial settlement of a man's personal injury claim was agreed following a five-year battle. ...

When divorcing couples disagree on how assets should be divided, the courts will seek to arrive at a fair outcome for both parties. In deciding how the proceeds of sale of a former couple's home should be apportioned, the Family Court agreed with the wife...

Anyone who has suffered serious neglect in childhood may be able to claim compensation if professionals failed in their duty to protect them. In a recent case, a woman succeeded in persuading the High Court that her claim against a local authority had a real...

Disagreements between neighbours over where the boundary between their properties lies can ultimately lead to litigation costs far exceeding the value of the land in question. In a widely reported case, the removal of guttering that allegedly overhung a...

Having your will drawn up professionally by a qualified solicitor is always a sensible precaution, especially in later life. In a recent case, the High Court ruled that a retired businessman lacked testamentary capacity when he made a will less than three...

A man has secured a damages settlement after he fell from height on his first day working at a dry dock. The man and other workers at the dry dock had been asked to sandpaper and paint river cruise boats before they returned to service. Although the workers...

When an asset falls in value to the point that it is almost worthless, it may be possible to make a negligible value claim under Section 24 of the Taxation of Chargeable Gains Act 1992 . The asset will then be treated as if it had been sold and immediately...

A woman who was hit by a speeding driver while crossing a road in a city centre has been awarded a seven-figure sum in damages. The vehicle was travelling at about 45 mph – 15 mph above the speed limit – when it struck her as she crossed at a...

The courts are often called upon to sanction treatment for patients whose ability to make decisions for themselves is impaired. In a recent case on point , the Court of Protection had to decide whether it was in the best interests of a man with mental...

People who are injured when riding in a vehicle driven by someone else may still be entitled to compensation even if they are partly at fault for their injuries. This was demonstrated in a recent High Court case involving a boy who was injured when he fell...

In law, adopted children are regarded as having been born to their adoptive parents. The Family Division of the High Court recently considered whether that fact precluded a parental order being granted under the Human Fertilisation and Embryology Act 2008...

When building owners carry out works on their property, are they liable for damage to adjoining properties that results from pre-existing structural issues? The Court of Appeal recently provided welcome clarification on that question . The owner of a...

The best way to ensure your assets will be distributed as you wish is to have your will professionally drafted by a qualified solicitor. In a recent case, a challenge to the validity of an elderly man's will was dismissed by the High Court. The man had...

A woman whose leg had to be amputated after an accident in the workplace is likely to receive substantial compensation for her injuries after her employer was successfully prosecuted by the Health and Safety Executive (HSE). The accident happened during a...

Custodial sentences very rarely come into play in the family courts. Where there have been repeated breaches of court orders, however, judges may have little choice but to clamp down. This was illustrated in the High Court during committal proceedings that...

Many road users will be only too aware of the increase in the number of potholes and uneven surfaces on the UK's roads. Figures released by the AA earlier this year indicate that two million incidents of damage to vehicles caused by potholes occurred in...

At this time of year, many families are booking their summer holidays and looking forward to a break in the sun. However, holidays can turn into disasters if you have a serious case of 'travellers' tummy'. The best approach is to take sensible precautions...

When buying a property consisting of more than one residence, it may be possible to claim multiple dwellings relief (MDR) against Stamp Duty Land Tax (SDLT). However, there are certain conditions that must be met for an MDR claim to succeed, as a recent case...

The issue of bigamy and its potential impact on a person's ability to seek financial remedies in a divorce came under the legal spotlight recently . A husband made an application to strike out his wife's financial remedies claim on the basis that she had...

The Supreme Court has ruled that reforms to the way compensation for whiplash injuries is calculated do not limit the compensation payable for non-whiplash injuries suffered in the same accident. The Civil Liability Act 2018 and the Whiplash Injury...

Influencers on social media, and anyone involved in advertising and promoting products, would be well advised to make sure they are aware of their legal responsibilities. The Financial Conduct Authority (FCA) has published guidance on financial promotions...

Cross-jurisdictional disputes surrounding child custody can be complex but, in cutting through the complexities, the courts will always focus on the welfare of the children involved, as was evidenced in a High Court case centred on a child abduction . A...

Even when liability has been determined in personal injury claims, further disputes can remain in regard to the nature of compensation payments. In these instances, expert legal advice can prove invaluable. In a case on point, arguments arose as to how...

A case recently decided by the First-tier Tribunal (FTT) serves as a reminder to tenants to check the terms of their leases and to monitor the service charges they are asked to pay. The tenant of a ground-floor flat sought a determination of liability to...

The UK government is currently analysing feedback from a public consultation that could have an impact on access to personal injury compensation for military veterans and their families. 'Supporting Our Veterans: A Consultation' called on UK veterans and...

Unfortunately, will disputes can sometimes be drawn out long after the passing of the person who bequeathed their assets. This was so in a contentious probate battle which progressed to the Court of Appeal after a High Court judgment was challenged. The...

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

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

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

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

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

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

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

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

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

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

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

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

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

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