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Before deciding where a child's best interests lie, family judges often have to conduct detailed inquiries into the character and conduct of their parents. In a unique case on point , a judge ruled that a father was probably responsible for the fatal...
It is increasingly common for motor insurers to attack road accident compensation claims as fundamentally dishonest. However, a High Court case in which a young woman was awarded seven-figure damages underlined the great care with which judges scrutinise...
If a neighbour has been granted planning permission for a development to which you object, you would be forgiven for thinking that there is nothing more you can do about it. As one case showed, however, with the benefit of expert legal advice that is by no...
Competitors in almost every active sport voluntarily accept a risk of injury. As a High Court case concerning a catastrophic horse racing accident showed, however, that does not excuse participants from bearing liability for negligence. The case concerned a...
Where a company becomes involved in the fraudulent evasion of tax, the corporate veil will rarely protect its directors from personal liability. An elderly businessman found that out to his cost when he received a seven-figure bill that was likely to...
Brexit has for years been a constant topic of conversation, but some of its potentially serious consequences remain largely unknown outside specialist legal circles. That was certainly so in the case of a retired couple who were perturbed to receive a...
To what extent, if any, do occupiers of land bordering highways owe a duty of care to road users? The Court of Appeal considered that important issue in the tragic case of a mother who drowned when she veered off a road into a reservoir. The woman was said...
The question of who is to blame for the breakdown of a marriage is often uppermost in divorcees' minds, but it is hardly ever relevant when it comes to fairly dividing up assets. The High Court made that point in the case of a husband who kept two families ...
Lightning can, sadly, strike the same individual twice, with the result that those who are already intensely vulnerable have their plight worsened by the negligence of others. That point was demonstrated by the case of a disabled teenager who suffered a...
Family relationships can become increasingly complex over time, particularly where marital breakdown intervenes, and that is why it is so important to keep your will up to date. As one case showed, a failure to take that sensible course can positively invite...
Where orderly lines of motorway traffic descend into chaos in not much more than the blink of an eye, it can be very hard to discern where responsibility for an accident lies. However, as one case showed, judges are well up to the task. The case concerned a...
When a relationship between partners who jointly own their home breaks down, one of them may move out leaving the other in sole occupation. That is a commonplace scenario but, as a High Court case showed, it can give rise to legal and financial issues that...
There is nothing unlawful about tax avoidance schemes but, however intricate and apparently foolproof they may be, their effectiveness can never be guaranteed. A businessman found that out to his cost after one such scheme failed to shield him from a...
Excessive speed causes more road accidents than anything else and, depending on the prevailing conditions, even a motorist who is driving within the speed limit may be going too fast. The High Court made that point in finding a veteran cab driver 50 per cent...
If someone on whom you depend financially dies without reasonably providing for you in their will, you should contact a solicitor straight away. In a High Court case on point , a delay in seeking legal advice very nearly stymied a disinherited widow's claim...
Almost everyone has had the experience of tripping on an uneven pavement and, in the majority of cases, pedestrians just pick themselves up and move on. As a High Court case showed, however, lawyers perform a vital role in ensuring that those unlucky enough...
Many families have one foot in the UK and another abroad and that can give rise to parental disagreement as to where their children should live. Wherever in the world British children may be, however, family judges in this country have an inherent power to...
The litigation process can, to a non-lawyer, appear to be a maze of procedural rules replete with traps for the unwary. In one case, a woman's claim against a builder went wrong almost from the start when she failed to pay a court fee on time. Following a...
Accidents at work can have devastating consequences and it is very often true that no amount of money can ever make up for the pain and suffering involved. A case concerning a man in a minimally conscious state showed, however, that specialist lawyers can at...
Those who pay their taxes late can expect punishment – but there is such a thing as a reasonable excuse. In one case, a man who failed to notify the tax authorities of his obligation to pay the High Income Child Benefit Charge was relieved of...
When faced with a bank's formal demand for payment, individual debtors can feel that there is little they can do but comply. However, as a High Court ruling showed , with the right legal advice they are very far from powerless. A bank served a man with a...
If you believe that an accident was partially your own fault, you could be forgiven for thinking that compensation is out of your reach. As a High Court case concerning a catastrophically injured pedestrian showed, however, any such assumption may well be...
Where words used in a will are ambiguous, judges will strive to interpret them in a way that gives effect to the deceased's intentions. An instructive Court of Appeal decision on point hinged on the little-known fact that the Channel Islands are not...
Experienced litigators will tell you that much of their most important work goes on in the background, long before a case comes before a judge for trial. That was certainly so in a case concerning death and catastrophic injury alleged to have been caused by...
Can the economic havoc wreaked by the COVID-19 pandemic justify the re-drawing of final financial orders made following a divorce? The High Court has ruled in a guideline case that the answer to that question is 'probably not'. The case concerned a couple...
You may understandably feel overawed by the might of the tax authorities but, with the law on your side, the balance of power is far more even than you might think. In a case on point, a couple struck an important blow for the cohort of determined people who...
If someone on whom you depended for support has died without making reasonable financial provision for you, you should consult a solicitor without delay. In a case on point, the High Court came to the aid of a widow who was left largely reliant on benefits...
The concept of 'domicile' is notoriously difficult to pin down, but there is no doubting its central importance to many aspects of the law. A case on point concerned a personal injury claim brought by a young man who was attending a wedding in Poland when he...
The parking of cars along shared access routes is all too often a source of acrimony between neighbours. A High Court ruling provided a clear explanation of the legal principles commonly applied when resolving such disputes. The case concerned a lane that...
The advent of so-called 'no fault' divorce is on the horizon but, until then, a great many divorce petitions will continue to be issued on the basis of unreasonable behaviour by one party or the other. As a High Court ruling underlined , the requirement to...
Cowboy builders who rip off householders are a well-known blight on society. As a Court of Appeal ruling showed , however, judges are well abreast of their activities and culprits can expect severe punishment, up to and including imprisonment. The case...
A case concerning a man who suffered life-changing injuries in a fall from a balcony served as a reminder of the duty owed by property owners to keep their tenants and visitors reasonably safe. The middle-aged man was on the balcony of a flat when a...
You are only able to deduct accommodation and other expenses from your Income Tax liabilities if they have been wholly, exclusively and necessarily incurred in the performance of the duties of your employment. That is a very high hurdle but, as a tax...
Lawyers are not detectives, but the roles they play in discerning the causes of road traffic accidents are often surprisingly similar. That was certainly so in a case concerning a young man who was seen staggering around in the road moments before he was...
In an era of increasingly fluid family relationships, many children are brought up by step-parents – but what is the consequence of that social change in terms of inheritance? The High Court addressed that issue in a guideline ruling . The case...
Vast numbers of people have been prompted by the COVID-19 pandemic to take up working or running businesses from home – but do they need planning permission for a change of use? The High Court addressed that burning issue in the case of a personal...
If your right to play a full part in your child's life has been undermined by his or her wrongful removal from England, a specialist family lawyer can help you achieve a reunion. A case on point concerned a baby girl who, without her father's consent, was...
Residential property often represents the majority of a person's wealth and valuing it for Inheritance Tax (IHT) purposes is, par excellence, a matter for professionals. In a case on point, a son who dispensed with expert tax and valuation advice following...
Judges are experts at uncovering the truth but, in rare cases, it is simply not possible to decisively establish the cause of an accident. That was so in the case of an HGV driver who had no memory of an incident that left him with life-changing head...
Many road accident victims show enormous courage in coming to terms with their disabilities, but some are truly exceptional. That was certainly true of a young man whose great good humour never wavered in the face of catastrophic injuries that merited an...
You are perfectly entitled to write your children or other close family members out of your will, but such a course can be an invitation to dispute after you are gone. That was certainly so in a High Court case concerning a man who left everything he owned...
The emotional element involved in lending money to friends and loved ones makes it all the more necessary to first seek independent professional advice. A case on point concerned a businessman who lent a small fortune to a close friend but had to launch...
A word out of place can lead to the sacrifice of valuable legal rights and that is why it is vital to seek professional advice the moment a potential dispute looms on the horizon. The point was made by the case of a couple who faced a challenge to their...
Daredevil antics can make good television but, when things go wrong, broadcasters can expect to carry the legal can. The BBC found that out when it was ordered to pay over £1.6 million in compensation to a presenter who was badly injured whilst playing...
No amount of money can make up for the death of a parent in a road accident, but it can at least help to soften the blow for their loved ones. The High Court made that point in the case of a Cambridge University graduate who was out jogging when she was...
It may come as a surprise but, even if you have been divorced abroad, there is a great deal that an English family lawyer can do to ensure you receive a fair financial deal. In one case, the High Court came to the aid of a woman whose marriage to an...
Words are not numbers and even the most careful draftsperson cannot guarantee that the meaning of a will is always clear beyond doubt. As a High Court case showed , however, judges are adept at resolving ambiguities so that the true intentions of testators...
Judges have the power to order advance or interim payments of damages to accident victims who are in need of immediate financial support. In the context of a catastrophic building site accident, the High Court gave important guidance on the precise...
So-called DIY builders who 'construct' their own homes can reclaim VAT incurred in doing so. As one case showed, however, there is a very great difference between the ordinary English usage of that word and its meaning in VAT legislation. The case concerned...
Some sports are inherently risky and unfortunate accidents inevitably occur for which no one is to blame. The High Court resoundingly made that point in the case of a woman who was grievously injured when she fell on an indoor ski slope. The middle-aged...
