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Cross-border child abduction is an all too frequent result of broken relationships but it is also unspeakably cruel and English judges take their international treaty obligations to stamp it out very seriously. The High Court powerfully made that point in...
The task of administering your estate after your death will be made all the harder if your will is not drafted with the precision that only a professional can provide. That was certainly so in one case concerning a retired racing driver's will which failed...
Not all disabilities are obvious to the casual observer but their impact on day-to-day lives can nevertheless be devastating. In a case on point, a woman who suffered damage to the frontal lobe of her brain in a road traffic accident received seven-figure...
If you feel that your neighbours' building plans will impact on your views or otherwise harm your enjoyment of your home, you should not hesitate to consult a solicitor. In one case, a couple who did just that succeeded in blocking construction of a...
Many businesses and individuals who are owed money sadly become accustomed to hearing explanations and excuses for non-payment. However, as one case showed , specialist lawyers do not give up and are adept at bringing relentless pressure to bear on debtors...
Some relationships sadly do not survive the prospect of impending parenthood and that can result in children being born into the teeth of a legal storm. In one case, a little girl was only one day old when she became the subject of child maintenance...
Many businesspeople lead peripatetic lives of constant international travel and the crucial question of whether they are settled in the UK for tax purposes can be very difficult to answer. A First-tier Tribunal (FTT) ruling , however, revealed the lengths...
For some victims of negligent or criminal acts, achieving vindication and establishing the truth are at least as important as monetary compensation. That was certainly so in the case of a woman who was aged just four when her soldier father was killed in a...
If an elderly man had listened to his solicitor's repeated advice to make a will, his children would have avoided a sea of trouble after his death. His failure to do so resulted in a bitter High Court dispute and a judge's finding that one of his daughters...
Many tenants who forego legal advice before subletting their homes to tourists and other short-term visitors do so in blissful ignorance that they may well be breaching the terms of their leases. That was certainly so in the case of a flat dweller whose use...
Those who are injured in road accidents abroad face particular challenges in winning just compensation. A High Court case, however, showed that expert lawyers are well able to meet them in swiftly obtaining financial relief for their clients. The case...
Many divorcees feel that judges have given them a raw deal when dividing up marital assets. They may or may not be right about that but, as one case strikingly showed , it makes much better sense for them to seek swift professional advice than to sit on...
Property occupiers are obliged to take reasonable care for the safety of their visitors, but does that duty extend to those who choose to take obvious risks? The Court of Appeal addressed that issue in a guideline case concerning a hotel guest who fell out...
Amidst the COVID-19 pandemic, it is becoming increasingly hard to see where the balance of harm lies between the risk of exposing care home residents to a life-threatening virus and compromising their most basic quality of life. The Court of Protection made...
Deciding where blame lies for road accidents is one of the more anxious tasks faced by judges, particularly if the victim is a child. That was certainly so in the case of a 13-year-old boy who was catastrophically injured by a reckless driver who was on the...
Those who deliberately delay filing their tax returns risk incurring severe financial penalties. However, the tax regime leaves room for mercy and, in relieving a hard-pressed restaurateur of more than £60,000 in penalties , the First-tier Tribunal...
Many rural homes obtain their supplies of fresh water from sources which lie beyond their boundaries and such arrangements can sadly prove fertile ground for dispute. A case in which a farmer and his niece were at odds over water rights showed the wisdom...
No one is under a positive legal duty to protect others from harm, and that includes the emergency services. That general rule, which is a frequent source of surprise amongst non-lawyers, came under analysis in a High Court case arising from the unusual...
Contact arrangements between children in care and their parents often raise vexed issues, but all the more so during the COVID-19 pandemic. In a case concerning a mother who was denied skin-to-skin contact with her newborn baby, however, the High Court bent...
The trouble with appointing loved ones as executors of your will is that they are likely to be grief-stricken and there can be no guarantee that they will get on. A High Court decision showed that appointing a professional to perform the task is often the...
Home is where the heart is and the question of whether a property is your principal private residence for Capital Gains Tax (CGT) purposes depends, at least in part, on your intentions. An instructive case on point concerned a couple who made a house their...
The High Court has drawn attention to a defect in the law that unfairly undermines the position of injured workers if the employers' liability insurance of the business they work for is cancelled. The case concerned two foreign nationals who were illegally...
Wide-ranging legislative changes that would normally require months, even years, of consultation were rushed through in a matter of days in response to the COVID-19 pandemic. A Court of Appeal ruling in a landmark case concerning emergency changes to the...
The consequences of some road traffic accidents are so appalling that no amount of money can ever compensate for them and lawyers can only do their best. In a case on point, a teenager who was aged just two when she suffered life-changing injuries received...
It makes sense for friends to club together so that they can buy properties they would be unable to afford by themselves. However, a cautionary High Court ruling showed that such arrangements are only wise if lawyers are consulted so that all concerned...
If signs had to be erected to warn against every conceivable risk faced by users of public open spaces, they would form a veritable forest of their own. The point was powerfully made in a High Court case concerning a walker in an urban park who was struck in...
When making a will, most people would wish to provide for loved ones in need. As a High Court case showed , however, means testing of many state benefits creates a very real risk of such good intentions coming to nought and that is one very good reason why...
Through no fault of their own, some parents are simply incapable of providing the care and stability that all children need whilst growing up. As one case showed , however, the approach of family judges is not to condemn but to seek solutions that enable...
Family lawyers work hand in hand with local authorities and medical professionals to protect vulnerable people from the controlling and coercive behaviour of others. In a striking case on point, the High Court authorised effective steps to be taken to free...
When sub-zero conditions hit the road network, it is simply not feasible to grit or salt every yard of every highway and byway. However, in a rare decision, the High Court found that, in failing to respond to a clearly heralded risk of ice, a local authority...
HM Revenue and Customs (HMRC) are big battalions by anyone's standards, but their word is not law and, with expert legal assistance, they can sometimes be proved wrong. In one case, a couple succeeded in overturning six-figure Capital Gains Tax (CGT)...
Obtaining authorisation for construction projects can be extremely demanding, but a combination of persistence and the right legal advice will often win the day. In a case on point, a householder whose hopes of building a garden room were time and again...
HM Revenue and Customs have reported a decline in the number of trusts and estates in the UK for the fifth year in a row. Between 2018 and 2019, the total number of trusts and estates in the UK fell by 2 per cent to 151,000. The wealth management vehicles...
Working at height is always potentially hazardous and the consequences of health and safety breaches can be extremely costly in human, financial and reputational terms. That was certainly so in the case of an electrician who received seven-figure...
Amidst the COVID-19 pandemic it has become even more popular to seek resolution of financial issues arising from divorce via private arbitration rather than formal court proceedings – but to what extent are arbitration awards binding and enforceable?...
Roadside trees pose a clear health and safety risk in the event of disease, and those who bear responsibility for them are under a duty to inspect their condition regularly. In a case concerning a serious road accident caused by a fallen tree, a judge...
For many people there is almost nothing more painful than having their private affairs aired on the internet or in publicly available print. As a High Court decision showed , however, specialist lawyers know exactly how to deal with such intrusions. The...
Self-employed people are only permitted to deduct from their Income Tax bills those expenses that are incurred 'wholly and exclusively' for the purposes of their trade or occupation. That is a very demanding test but, in a guideline case, it was passed by a...
Couples who buy a home together tend to assume that true love lasts forever and that the property should be owned in equal shares. As a High Court case showed , however, that is one very good reason why they should always consult a solicitor, whose job it...
Discerning whether an employer has breached its health and safety duties following a workplace accident is no mechanistic process and is all about realism and context. The High Court made that point in the case of an engineering technician who broke his hand...
Landlords who fail to license houses in multiple occupation (HMOs) commit a serious criminal offence and can expect to be hit hard in the pocket. In making that point, the Upper Tribunal (UT) emphasised that stiff financial penalties are generally required...
Not every accident victim is entirely blameless, but personal injury lawyers do not let that stand in the way of obtaining desperately needed recompense. In one case, a much-loved family man who had been drinking before he was struck down and gravely injured...
When it comes to inheritance, the obligation to keep your promises may well be legal as well as moral. In a case on point, a judge followed the demands of conscience in ruling that a hard-working man should inherit the farmland of a close friend who for...
Discerning where responsibility lies for workplace accidents can be a highly complex matter, but that in no way deters personal injury lawyers from fighting the good fight on behalf of injured clients. In one case, a workman who suffered dreadful injuries...
In the best traditions of a free society, vaccination is not compulsory in the UK and anyone is entitled to withhold consent to being inoculated. In an important ruling, however, the High Court overruled a mother's moral and safety objections to her...
Making a mistake on your tax return can have extremely serious consequences and that is why it is always wise to take professional advice. In a striking case on point, the High Court declined to come to the aid of a public-spirited businessman who donated...
Practical jokes in the workplace can have grave consequences which are anything but funny – but to what extent do employers bear legal responsibility for such horseplay? In ruling on a personal injury case, the High Court gave important guidance on...
A parent who wishes to move from one country to another with his or her child must first obtain the consent of the parent left behind. That principle of international law is easily stated but, as a guideline Court of Appeal ruling showed , applying it in a...
Assessing the value of personal injury claims can be a long and challenging process but, where victims simply cannot wait for compensation, the law can move with surprising speed. In one case, a teenager received multi-million-pound damages not much more...
If your neighbours have obtained planning permission for building works to which you object, you may think that is the end of the matter. However, as one case strikingly showed , with the right legal advice you can still win the day. A company obtained...
