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Restrictive Covenant Modified to Allow Construction of Bungalow

The Upper Tribunal (UT) has granted a landowner's application to modify a restrictive covenant to allow a small bungalow to be constructed in place of a workshop. The landowner had sold land near his house to a local developer in 1999. The developer built...

Worker Compensated for Injuries Sustained in Chemical Explosion

A man who was injured in a chemical explosion at his place of work has received a settlement from his employer. He had been told that the chemical compound he was mixing was completely safe. However, when he returned to his workstation after overseeing...

Care Home Manager Who Forged Resident's Will Imprisoned

The manager of a care home has been sentenced to five and a half years in prison for forging the will of an elderly woman who lived in the home. The woman had moved into the home in 2020 after becoming ill. She was described by the judge as 'particularly...

Compensation for Biker Seriously Injured in Collision

Compensation has been obtained for a motorcyclist who was seriously injured in a road traffic accident involving two separate vehicles. After a van turned into his path, he was unable to avoid a collision and was knocked from his motorbike. The traffic came...

Entrepreneurs' Relief Available on Shares Sold to Own Company

A taxpayer has successfully argued before the First-tier Tribunal (FTT) that a company's purchase of shares he owned in it was wholly or mainly for the purpose of benefiting its trade under Section 1033 of the Corporation Tax Act 2010 . The consideration...

Family Court Grants Mother's Application for Interim Relief

Under Schedule 1 of the Children Act 1989 , an unmarried parent can apply for financial provision for their child from the other parent. The Family Court recently granted a mother's application for interim relief in Schedule 1 proceedings, ordering the...

Parcel of Land Acquired by Adverse Possession, UT Rules

The Upper Tribunal (UT) has allowed a landowner's appeal against the rejection of his application to be registered as the proprietor of a parcel of land on the basis of adverse possession. The landowner and the owner of adjoining land both carried on...

High Court Rejects Disinherited Son's Claim to Farm

The High Court has rejected a son's claim that he was entitled to inherit his father's farm based on promises his father had made during his lifetime. The son's claim that his father's last two wills were invalid was also rejected. The father had died in...

Woman Who Tripped on Poorly Lit Hotel Stairs Compensated

A holidaymaker has obtained five-figure damages for injuries she suffered in a fall on a flight of stairs in her hotel during a package holiday. She was on her way to the hotel's restaurant when the accident happened. The lighting in one of the flights of...

Court Refuses Application to Withdraw Life-Sustaining Treatment

When deciding what is in the best interests of a patient who lacks capacity to make decisions about their care, the courts will take into account any wishes and feelings the patient has previously expressed, as well as the medical evidence. Recently, the ...

Factory Worker Secures Damages for Career-Ending Hand Injury

A man who had to have a finger on his left hand amputated following a workplace accident has obtained a compensation settlement. The 65-year-old man, who worked as a manufacturing technical manager, was investigating a problem with a packaging machine when...

FSCS Deposit Protection Limit Increasing

From 1 December 2025, the Financial Services Compensation Scheme (FSCS) deposit protection limit is increasing from £85,000 to £120,000. If you hold deposits or savings with a UK-authorised bank, building society or credit union and it goes out...

Retired Nurse Who Broke Ankle in Pothole Fall Compensated

Damages have been obtained for a former nurse who suffered a broken ankle when she stepped into a pothole. She had gone out for a walk and was crossing the road when she walked through what she thought was a puddle but was actually a deep pothole filled...

Reporting on Family Court Proceedings - Government Guidance

From January this year, new reporting provisions were introduced in family courts in England and Wales, following a successful pilot scheme. The government has published guidance on the new regime for parents and family members involved in family court...

£14 Million Damages for Biker Paralysed in Road Accident

A man who suffered permanent disability after he was involved in a collision while riding his motorbike has secured substantial compensation. He sustained a spinal cord injury in the collision and was left with no motor or sensory function below his chest....

Homeowner Triumphs in Boundary Dispute With Neighbours

A homeowner has succeeded in his application for a boundary determination after his neighbours extended their driveway and built a fence in front of his window. The homeowner had bought his house in 2021. A few months later, the neighbours had dug up part...

High Court Rejects Grandsons' Claim to Family Farm

The High Court has upheld the validity of a codicil to a woman's will which left the family farm to her two daughters and dismissed claims by her grandsons that she had promised the farm to them. The woman had passed away in 2020 at the age of 96. A will...

Compensation for Woman Who Slipped on Wet Floor in Supermarket

An elderly woman who slipped on a wet floor in a supermarket has obtained compensation for the injuries she sustained. She was walking past the fresh flower stand when she slipped on water and petals that had fallen onto the floor. The accident left her...

Taxpayer Had No Reasonable Excuse for Late Appeal, FTT Rules

Taxpayers who are unsure how to deal with any correspondence they receive from HM Revenue and Customs (HMRC) would be well advised to seek professional assistance, as was demonstrated by a recent case in which the First-tier Tribunal (FTT) refused a...

Wife Can Pursue Claim in England After Russian Divorce

The Court of Appeal has granted a wife leave to pursue an application for financial relief in England against her former husband, more than a decade after their Russian divorce. The couple were both Russian nationals and had lived in Russia throughout...

Bottle Manufacturer Fined After Worker Burnt by Molten Glass

A manufacturer of glass bottles has been fined £600,000 following an incident in which a worker was burnt by molten glass and hot water. The worker had been using a shovel loader to clear waste molten glass and hot water from the floor. There was no...

Man Injured in Car Wash Accident Compensated by MIB

A man who was severely injured when he became trapped by his car at a car wash has obtained a six-figure compensation settlement from the Motor Insurers' Bureau (MIB). While the man was waiting for his car to be cleaned, an employee of the car wash moved it...

Owner of New-build Home With Unsuitable Foundations Awarded Damages

A man whose home suffered damage because of problems with its foundations has been awarded provisional damages of more than £423,000 from the housebuilder from which he bought the property. The four-bedroom detached house, which the man had...

High Court Declines to Make Deprivation of Liberty Order

The High Court has refused to make a Deprivation of Liberty order sought by a local authority in respect of a 17-year-old boy. The boy was estranged from his parents and had been accommodated by the local authority since shortly after his 16th birthday....

Multiple Dwellings Relief Available on House With Attached Annex

Although Multiple Dwellings Relief (MDR) from Stamp Duty Land Tax (SDLT) was abolished with effect from 1 June 2024, cases dealing with its availability are still working their way through the courts. Recently, two purchasers of a house with an attached...

Passenger Injured in Turbulence Obtains Damages

Compensation has been secured for a woman who was injured when the flight she was on encountered strong turbulence. She had stood up to go to the toilet when the pilot announced that there was a risk of turbulence, but before she could return to her seat,...

Children Should Remain Living With Father, Family Court Rules

The Family Court has ruled that four children should continue to live with their father , in what it described as a very long-running dispute between him and the children's mother. The children, aged between eight and 13, had lived with their mother after...

£5.9 Million for Student's Life-Changing Road Accident Injuries

A young man has obtained a substantial compensation settlement after a car he was travelling in was hit by a lorry, leaving him with life-changing injuries. He and four friends were on their way back to university from a sports tournament when the accident...

Will Made During Lockdown Not Validly Executed, Court Rules

A will purported to have been made by an elderly woman during lockdown has been declared invalid because she had not signed it in the presence of two or more witnesses, as required by Section 9 of the Wills Act 1837 . The will was dated 25 April 2020,...

Electrocuted Factory Worker Receives Four-Figure Settlement

A food producer has agreed to compensate an employee who was electrocuted while working at one of its factories. Having plugged in a portable vibration bed machine that had been placed under a conveyor belt, the man leaned forward to check that it was...

Homeowner's Application to Alter Register Succeeds

Where the record of a property's title at the Land Registry contains a mistake, Paragraph 5(a) of Schedule 4 of the Land Registration Act 2002 allows the register to be altered to correct it. The First-tier Tribunal (FTT) recently granted a homeowner's...

Court Refuses Wife's Application for Relief from Sanctions

It is essential to ensure that court orders are complied with during divorce proceedings. Recently, the Family Court refused a wife's application for relief from sanctions due to her failure to file and exchange her witness statement in accordance with a...

Taxpayer Who Alleged EIS Fraud Permitted to Appeal Late

The First-tier Tribunal (FTT) has come to the aid of a taxpayer who claimed that he had been a victim of fraud in relation to claims for Enterprise Investment Scheme (EIS) relief, granting permission for him to make a late appeal against assessments and...

High Court Upholds Challenge to Will on Grounds of Fraud

The High Court has upheld a woman's challenge to a will allegedly made by her late father, finding that the defendants had failed to establish on the balance of probabilities that it was genuine. The will had purportedly been executed in 2019, the year...

Pub Employee's Award for Misuse of Private Information Upheld

The High Court has dismissed a pub chain's appeal against an award of damages of £4,500 to a former employee after it gave out her mother's mobile phone number to her violent and abusive ex-partner. The woman had worked at one of the chain's pubs for...

Observer Granted Order for Disclosure of Position Statements

In a guideline case, the Court of Protection has granted an application by an observer to a hearing for disclosure of the parties' position statements . The proceedings related to a patient who was suffering from a prolonged disorder of consciousness. The...

Law Commission to Review Product Liability Law

The Law Commission is to review the law relating to the product liability regime set out in the Consumer Protection Act 1987 . The regime was intended to give consumers a straightforward route to claiming compensation for certain harms caused by defective...

Wife Permitted to Amend Her Case to Rely on Conduct

In a case relating to the division of assets under a pre-nuptial agreement (PNA), the Family Court has ruled that a wife should be allowed to amend her case to formally plead conduct under Section 25(2)(g) of the Matrimonial Causes Act 1973 . It was common...

FTT Considers Whether Tenants Liable for Access Road Repairs

It is wise to seek legal advice before making an application to the First-tier Tribunal (FTT) for a determination of liability to pay service charges. Recently, the FTT was unable to rule conclusively on whether the tenants of two flats were liable to...

Six-Figure Compensation for Seriously Injured Cyclist

A significant compensation settlement has been negotiated for a cyclist who was seriously injured in a road traffic accident. The cyclist was on her way to work when a car travelling in the opposite direction suddenly veered into her path and collided with...

Business Investment Relief Lost Due to Director's Loan Account

It is important to ensure you fully understand the rules of any tax reliefs claimed and take advice if necessary. Recently, the Upper Tribunal (UT) dismissed an entrepreneur's appeal against a decision that the provision of a Director's Loan Account (DLA)...

£9,000 for Woman Injured When Wardrobe Door Fell on Her Foot

A holidaymaker who suffered a broken foot when a defective wardrobe door in her hotel room fell on her has received compensation from the tour operator. The accident happened on the last night of the young woman's holiday in Greece. She and her partner were...

High Court Dismisses Challenge to Validity of Woman's Will

The High Court recently rejected a challenge to the will of a woman who had experienced memory issues prior to making it. The woman had made the will in 2008. She left her interest in her and her husband's house to her elder daughter. After bequests of...

Woman Obtains Compensation for Fall on Steps at Work

A woman in her 70s who suffered a serious shoulder injury after falling down steps at the golf club where she worked has obtained a compensation settlement. She was dazzled by lights as she was walking down the steps, which did not have a handrail. She lost...

Court Grants Father's Application for Equal Shared Care

When considering issues relating to parental responsibility for children, one of the factors the courts will have regard to under Section 1(3) of the Children Act 1989 is the children's wishes and feelings, in the light of their age and understanding....

Homeowner's Appeal Against Rectification of Title Succeeds

The register of a property's title can be rectified if it contains a mistake. The question of what constitutes proof of a mistake was the subject of a recent case in which the Upper Tribunal (UT) allowed a homeowner's appeal against a decision that title...

Cyclist Hit by Car Obtains £370,000 Compensation

A cyclist who sustained a serious leg injury after she was hit by a car has secured a compensation settlement. The accident happened when the driver of the car failed to give way at a roundabout. The cyclist was knocked off her bike and fractured her right...

Government Confirms Plans to Replace Paper Share Certificates

The Government has published its response to the final report of the Digitisation Taskforce . The Taskforce has been assessing how the UK can eliminate the use of paper share certificates for traded companies, which create inefficiencies and costs for...

Court Rules Man's Life-Sustaining Treatment Should Continue

When deciding what is in the best interests of a patient who lacks capacity to make decisions about their care, the courts will take into account any wishes and feelings expressed by the patient as well as the medical evidence. Recently, the Court of...

MoJ Figures Show Increase in Estates Without a Will

The best way to ensure that your estate will pass to those you wish is to make a will and ensure it is kept up to date. Having a will in place will also make it easier to administer your estate. Figures from the Ministry of Justice (MoJ) show that the...
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