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An intransigent and dogmatic approach to divorce is an infallible way of making the process far more painful and costly. A man who insisted that his ex-wife's financial entitlements should be reduced to reflect the poor quality of their short, childless...
It often falls to judges to address the most dreadful consequences of the COVID-19 pandemic. That was certainly so in a case where the Court of Protection found that keeping a much-loved husband and father on life support would merely serve to prolong his...
Those whose childhoods have been blighted by sexual or physical abuse may decide to bury the past and suffer in silence. As one case showed, however, consulting a solicitor is the best way to achieve closure, fair compensation and a sense that perpetrators...
Chance does not discriminate and many fruitful lives are wrecked by road accidents. That was certainly so in a case where the autumn years of a distinguished academic were blighted by a brain injury suffered in a collision. A long-time magistrate, the man,...
Family relationships can be red in tooth and claw and appointing relatives, rather than a professional, as executors of your will can prove a costly mistake. That was certainly so in one case, where bitter litigation between siblings resulted in legal costs...
Any inaccuracy when filling in your tax return can have severe consequences, so it really does make sense to seek professional assistance. The point was powerfully made by the case of a financier who narrowly escaped a stiff financial penalty after failing...
When children suffer unexplained injuries, few would quarrel with social workers and medical professionals taking a precautionary approach. However, as a family judge's ruling showed , the cloud of suspicion that often hangs over parents in such cases is...
The vast majority of personal injury claims are entirely genuine, but there are sadly a few dishonest people who exaggerate their symptoms with a view to boosting the amount of their compensation. That was certainly so in the case of a man who claimed...
UK Border Force officers wield a battery of powers designed to combat smuggling – but they must not be exercised unreasonably. The First-tier Tribunal (FTT) made that point in coming to the aid of a woman whose family car was loaded with over 300...
If you feel that you have been let down by your professional advisers, you need to move fast and launch proceedings as quickly as possible. The potentially grave consequences of delay were illustrated by the case of a road accident victim who claimed that...
Before embarking on any form of property development it is absolutely vital to seek a lawyer's confirmation that you are entitled to proceed. The point was underlined by the case of a couple who knocked down their home and replaced it with a block of flats...
Construction workers often do not have formal employment contracts and, in a world where contractors and subcontractors proliferate, it can be hard to tell where legal responsibility lies in the event of an accident. That was certainly so in a High Court...
Far too many people put off making a will until ill health strikes and reminds them of their mortality. In a striking case on point, the High Court ruled that a will signed by a prosperous farmer when he was in his 80s and suffering from dementia was not...
When negotiating settlements of personal injury claims, lawyers aim to meet all their clients' future care costs, however long they may live. In the case of a young man who was catastrophically injured in a road accident as a teenager, the High Court paid...
A 'couple' is defined in law as two people living as partners in an enduring family relationship – but what exactly does that mean in a world that has witnessed a metamorphosis in human relationships during the last few decades? The High Court...
Boxing is a sport in a category all of its own in that participants are not just permitted but expected to deliberately inflict injury on one another. That point was made in a personal injury case concerning an overseas boxer who collapsed in a coma...
The government is currently reviewing responses to its public consultation on helping taxpayers get their offshore tax right before it progresses to drafting new legislation on the issue. The consultation, which closed on 15 June, focused on how HM...
Country lanes can be just as hazardous as motorways and it is up to drivers to make allowances for stationary or slow-moving farm traffic. In a case on point, an apple farmer who was hit by a passing car whilst guiding a lorry as it made a tricky turn was...
Concerns that children may be used as pawns amidst the cut and thrust of divorce proceedings are often expressed by one side or the other. However, a High Court ruling in the context of a big money case showed that family judges are aware of such risks and...
Parents generally owe no legal duty financially to maintain their adult children. That principle proved decisive in the case of a businessman who was worth almost £2.2 million when he died, but who left not a penny to his daughters. Having enjoyed a...
Failing to accurately respond to insurers' questions when taking out a policy is highly likely to render your cover worthless. A businessman found that out to his cost after losing a £190,000 Rolex watch whilst on a skiing trip. The man launched...
Workplace accidents can have dreadful consequences but specialist personal injury lawyers are always there to ensure that victims receive fair compensation. In a case on point, a farm worker who suffered life-changing injuries when he fell backward from a...
Although judges do their best, no amount of money can ever make up for the death of a loved one as a result of someone else's negligence. In one case, the grieving family of a Spanish businessman who died in a horrific road accident in the UK were awarded...
The tax regime is subject to constant change and it is generally up to taxpayers to keep their knowledge up to date in a fluid landscape. However, as a case concerning tax charged on high-income recipients of Child Benefit showed , HM Revenue and Customs...
Holidaymakers who are injured abroad can face formidable difficulties in obtaining compensation. However, the case of a little girl who almost drowned in a Spanish swimming pool showed that English personal injury lawyers have all the knowledge and skills...
Restrictions on the use to which properties can be put often lurk in old title deeds. As one case showed , however, some of them only endure as long as a human lifetime whilst others have no such shelf life and continue to have effect indefinitely. The...
The value of many assets has been devastated by COVID-19 – but is that a good enough reason for setting aside divorce settlements agreed before the pandemic struck? A family judge considered that issue in a guideline case . The case concerned a...
When elderly people are injured in accidents that are not their fault, lawyers have to move fast to ensure they receive the full benefit of the compensation due to them. In a case on point, a woman in her 90s who was struck by a car as she crossed the road...
Will drafting is an exact science, requiring years of professional training, and a single mischosen or out-of-place word can have very serious consequences. Exactly that happened in a High Court case concerning the mistaken use of the word 'both' –...
Whether or not to be vaccinated against COVID-19 is a matter of personal choice. A family judge robustly made that point in declining to authorise vaccination of a care home resident suffering from acute dementia who had fiercely objected to the procedure....
Professional tax advice, however carefully considered, cannot always be correct, but you are generally entitled to rely on it. A tribunal made that point in relieving a retired executive of a tax bill that would have had a devastating impact on his...
Workplaces can be dangerous places but, if the worst happens, specialist solicitors are thankfully there to ensure that appropriate compensation is paid. In a case on point, numerous obstacles were overcome to secure a substantial financial settlement for...
Judges often plead with divorcing couples to bury the hatchet rather than subject themselves to the financial and emotional self-harm of litigation. As a High Court case showed , however, such good advice is sadly not always heeded. The case concerned a...
If you have suffered an accident, you should contact a solicitor without delay to avoid running a real risk of your compensation hopes being stymied. In a case on point, a man who was catastrophically injured whilst on a motorcycling tour of Scotland came...
Making a will when you are close to death and without professional assistance is an effective means of fostering dispute between your loved ones after you are gone. As a High Court case strikingly showed , that is particularly so if you intend to leave your...
Mentally ill people are frequently at risk of self-harm but are entitled to expect that all reasonable safeguarding measures will be taken by professionals whose duty it is to care for them. The point was made by the case of a psychotic young man who was...
Domestic gardens, which many people view as the glory of British suburbia, present a tempting prospect to builders amidst burgeoning housing demand. As one case showed, however, objectors to such developments are by no means powerless. The owners of a...
Many of the most vulnerable members of society lack the mental capacity required to consent to being vaccinated against COVID-19. As a Court of Protection case showed , that fact can give rise to formidable legal difficulties. The case concerned a care...
It is sadly true that bankruptcy proceedings are sometimes used by perfectly solvent individuals for purposes other than seeking to satisfy their creditors or manage their debts. However, as a High Court case showed, alleging such conduct is one thing and...
Trusts are delicate and often complex legal instruments and any flaws in the wording of documents relating to them can have grave tax and other consequences. As a High Court case showed , however, inadvertent drafting errors can be corrected. The case...
Most people walk away from apparently minor accidents almost unhurt, whilst others suffer catastrophic consequences. In a unique case on point, an IT manager who was stricken by a range of life-changing symptoms after hitting his head on a low ceiling at...
Road accidents happen in seconds, but discerning where responsibility lies for them can be a highly complex matter. In a striking case on point, a negligent driver, a site contractor, a demolition coordinator and a traffic management company each bore a...
Participation in modern slavery is an evil crime, but it also involves civil wrongs for which, with the right legal advice, victims can receive substantial compensation. In one case, three Eastern European men who were appallingly exploited whilst working in...
When making your will, it is vital to remember those who have a right to look to you for financial support. As a High Court case showed, a failure to meet your duties to your dependants is highly likely to trigger a costly dispute – and ultimately...
If you are purchasing a property with a partner, friend, family member or anyone else, your solicitor is bound to ask you whether you intend to own it as joint tenants or tenants in common. A High Court case showed why that is likely to be one of the most...
The legal concept of habitual residence is a notoriously slippery one, but the ease of global travel has rendered it ever more important in the field of family law. The point was powerfully made by the case of an orphaned schoolgirl who was born in Britain...
The vexed distinction between employees and independent contractors is a constant source of dispute, not least in the realm of tax. Each case has to be decided on its own unique facts and, in one case, the Upper Tribunal (UT) ruled that a radio presenter...
Lives are ruined by road accidents, but the courage of victims and their families is a frequent source of judicial admiration. That was certainly so in the case of a young man who suffered dreadful injuries when he was struck down by a speeding motorcyclist....
You are never too old to make a will, but failing to consult a solicitor before you reach advanced old age can be a positive invitation to dispute amongst your loved ones after you are gone. That was certainly so in the case of a woman who was 94 when she...
It is a mark of a civilised society that, save for the loss of their liberty, prisoners enjoy the same rights as any other citizen. A judge made that point in awarding substantial damages to a killer who was attacked and gravely injured by a fellow prisoner...
