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What Happens if Someone Dies Intestate?

Making a will not only ensures your assets will pass to those you wish to benefit but also simplifies the administration of your estate. However, recent research from the Money and Pensions Service shows that more than half of people in the UK aged 50-64,...

Tenant's Challenge to Service Charges Partly Successful

Tenants who are unhappy with the service charges they are asked to pay can apply to the First-tier Tribunal (FTT) for a determination of their liability to pay service charges. Recently, a tenant who made such an application succeeded in achieving...

£4,750 for HGV Driver Whose Hand Was Crushed by Bin

Compensation has been obtained for an HGV driver whose hand was crushed by a large metal bin while he was collecting household waste. The bin's wheels were stiff and the driver and his colleagues had to push it in order to move it towards his vehicle. As...

Taxpayer's Appeal Against Late Filing Penalties Rejected

Taxpayers should always ensure that they keep up to date with their tax affairs and obtain any assistance they need in meeting their obligations. This point was demonstrated in a recent case in which the First-tier Tribunal (FTT) dismissed a taxpayer's...

Woman Hit by Car While Crossing Road Secures £130,000

A woman who was hit by a car while crossing a road has achieved damages after a settlement of her claim against the driver's insurer was reached. The woman suffered a number of injuries in the accident, including a fractured vertebra in her back, a...

Family Court Revisits Periodical Payments Order Made in 2012

The Family Court recently ruled on a divorced couple's cross-applications for enforcement and variation of a periodical payments order originally made in 2012. The husband had been ordered to pay the wife £2,000 per month on a joint lives basis,...

Deceased Man's Sons Granted Security for Costs in Estate Dispute

The courts have the power to order claimants to provide financial security to ensure that the defendants can recover their costs if the claim is unsuccessful. Recently, the sons of a deceased man sought security for costs from a woman from Thailand who...

£7,000 Damages for Girl Who Tripped on Uneven Paving

A girl who was injured when she tripped outside her home has secured compensation from the local authority. The girl tripped on uneven paving, fracturing her forearm. She was in a plaster cast for six weeks and experienced pain in her arm for more than a...

Court of Appeal Authorises Child's Change of Name

The Court of Appeal has ruled that a 15-year-old child should be allowed to legally change their given name , overturning an earlier decision of the High Court. At the age of 12, the child had told their parents that they believed themselves to be...

Supreme Court Rules on Meaning of Adverse Possession Condition

A person who is in adverse possession of registered land may apply to the Land Registry to be registered as its owner on the basis of ten years' adverse possession of it, ending on the date of the application. If the application is opposed by the existing...

Army Chef's Claim for Cold Injuries Partly Successful

An army chef who claimed he had suffered injury on a cold weather survival course has obtained £5,000 in compensation for frostbite to his ear, although the High Court found that he had not sustained non-freezing cold injury (NFCI) on his hands. The...

Income Tax Rates and Allowances for 2025/26

The Income Tax rates and allowances for the 2025/26 tax year are largely unchanged from the 2024/25 year. The Personal Allowance – the amount you can earn before you begin to pay Income Tax – remains at £12,570. It reduces by £1 for...

£3,500 for Tenant Whose Health was Affected by Damp and Mould

A tenant whose health was adversely affected by damp and mould in his property has secured compensation from his housing provider. Over several years, the man had made a number of complaints about damp and mould. Mould growth was reported in multiple rooms...

Cyclist Injured in Road Traffic Accident Secures £8,400

A cyclist who was injured in a road accident has obtained compensation from the insurer of the driver responsible. The cyclist was riding along a country lane when a car approaching from the opposite direction moved into his path while overtaking a jogger....

Court Grants Application to Recognise Indian Divorce

The Family Court has granted a husband's application for a divorce he obtained in India to be recognised by the English courts . The husband and wife were both Indian nationals who now had British citizenship. They had married in India in 2010 and had...

Skiing Company Fined After Boy's Tragic Death at Birthday Party

An indoor skiing company has received a £100,000 fine following an accident in which a 12-year-old boy died. The boy was at a tobogganing party to celebrate a friend's birthday. He was descending the main ski slope on a toboggan when it ran into the...

Partner Battles Estranged Wife for Share of TV Producer's Estate

A TV producer's partner who was left nothing in his will has commenced High Court proceedings seeking financial provision from his estate. The producer passed away in 2019, at the age of 58. He had been in a long-term relationship with his partner and had...

Court Authorises NHS Trusts to Carry Out Planned Caesarean

The Court of Protection recently granted an application by two NHS trusts for authorisation to carry out a planned caesarean in respect of a woman who was due to give birth. The 29-year-old woman had treatment resistant paranoid schizophrenia. She had...

Mother Receives £12,000 for Trip at Daughter's School

A mother who tripped and fell while dropping her daughter off at school has obtained compensation for the injuries she suffered. She had taken her daughter to her classroom and was walking along a path when she tripped on a raised paving slab. She fell...

Declaration of Non-Parentage Voided Parental Responsibility

In a case in which a man was named as a girl's father on her birth certificate but was subsequently discovered not to be her biological father, the High Court has ruled that the effect of a declaration of non-parentage was to render his acquisition of...

Interim Payments Secured for Man Injured by Drunk Driver

Interim payments have been obtained for a young man who suffered life-changing injuries when he was hit by a drunk driver. The man, who was 24 when the accident happened, was waiting at a bus shelter when a driver lost control of her vehicle and crashed...

Court of Appeal Rules Taxpayer Was Not Resident in UK

The Court of Appeal has reinstated an earlier ruling of the First-tier Tribunal (FTT) that a taxpayer was not resident in the UK for Income Tax purposes during the 2015/16 tax year due to exceptional circumstances that prevented her from leaving the country....

Leaseholders of Flats Achieve Service Charge Refunds

It is always advisable to check the service charges you are asked to pay rather than simply assuming they are correct. This point was illustrated by a recent case in which four leaseholders obtained refunds of service charges relating to electricity costs...

Court Rules Withdrawal of Life-Sustaining Treatment Lawful

It is understandably common for family members and friends to take a more optimistic view of a patient's prospects of recovery than the medical professionals involved. A tragic case in which the High Court considered whether it would be lawful to...

Maintenance Engineer Secures £10,000 for Back Pain

A man who developed severe back pain while working as a mechanical maintenance engineer has achieved a settlement of his claim against his employer. The man's work involved lying underneath heavy machinery and twisting his body in order to carry out...

High Court Rules Man Died Intestate in Missing Will Case

Many people put off making a will or have reservations about doing so, but having a professionally drafted will drawn up by a solicitor is the best way to avoid disputes arising after you are gone. This point was amply illustrated by an unusual High Court...

Wife Awarded £13.9 Million After Husband Failed to Engage

The courts are entitled to draw reasonable adverse inferences against a party who fails to engage in divorce proceedings. How this is approached in practice was illustrated by a recent Family Court ruling on a financial remedies application in which the...

Farmers Fined After Man Killed by Herd of Cows

Two farmers have been fined for failing to protect members of the public from their cattle following an incident in which a man was killed by a herd of cows while out running with his two dogs. The man, a father-of-three and former teacher, was crossing a...

FTT Upholds Information Notice But Varies It

Under Schedule 36 of the Finance Act 2008 , HM Revenue and Customs (HMRC) may require a taxpayer to provide information or documents that are reasonably required for the purpose of checking the taxpayer's tax position. Recently, a taxpayer's appeal against...

Eight-Figure Damages for Life-Changing Road Accident Injuries

A woman has achieved a substantial compensation settlement for serious brain injuries she sustained when she was hit by a car, as a result of which she will require care and rehabilitation for the rest of her life. After a claim was brought, the driver's...

Costs of Roof Repairs Not Reasonably Incurred

Tenants who are unhappy with service charges they are asked to pay can apply to the First-tier Tribunal (FTT) for a determination of whether the charges are payable. Recently, the tenants of two flats were successful in persuading the FTT that the costs of...

£750,000 for Holidaymaker Who Contracted Salmonella

A man who was left with ongoing complications after contracting Salmonella while on a package holiday has obtained substantial damages. The man was on holiday in the Dominican Republic when he fell ill, experiencing stomach cramps, vomiting and loss of...

Court Considers Codicil Made Shortly Before Woman's Death

If you wish to change to your will, it is always advisable to do so promptly rather than leaving it until later. This was amply demonstrated by a recent case in which the High Court was called upon to determine various issues in relation to a codicil a...

Adoption Order Refused Where Requirement Not Met

Under Section 42(7) of the Adoption and Children Act 2002 , an adoption order may not be made unless the court is satisfied that sufficient opportunities to see the child with the adoptive parents in the home environment have been given to the adoption...

Claimant Penalised for 'Disproportionate' Approach to Costs

A claimant who saw his costs budget significantly reduced at a costs management hearing was ordered by the High Court to pay the defendant's costs of that hearing. The man had sustained a significant injury to his right foot and ankle while working as a...

FCA Acts to Combat Misleading Financial Promotions

Consumers should always be sure that they fully understand any financial product they intend to use and that they only deal with reputable providers. A recent report on steps taken by the Financial Conduct Authority (FCA) in 2024 against misleading financial...

FTT Could Not Consider Tenancy Deposit Recovery Claim

Tenants who wish to challenge any deductions made from their deposits at the end of their tenancies should ensure they follow the dispute resolution procedures of the relevant tenancy deposit scheme. Recently, a tenant who instead applied to the First-tier...

Farming Partnership Fined After Fatal Accident

A farming partnership has been fined following an accident at a dairy farm which led to the death of a worker. The 23-year-old man was helping to inflate a tractor tyre when it suddenly exploded. He was hit by the wheel rim, suffering traumatic head...

Disinherited Daughter Awarded £125,000 from Father's Estate

A woman who was left nothing in her father's will has succeeded in her claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision from his estate. Her father had passed away in 2020, leaving an estate...

Man Receives Six-Figure Damages for Restaurant Trip

A man who was seriously injured when he tripped on a step in a restaurant has received a six-figure compensation settlement. The man, who had been dining with a friend, was going down to the restaurant's lower floor when the accident happened. He went...

Divorce Applications Made One Day Early Voidable, Not Void

The High Court recently ruled on an application by the Lord Chancellor for declarations that the marriages of 79 couples no longer subsisted on the date of their final divorce orders, despite those divorce orders having been applied for a day too early. ...

Son Entitled to Shares Under Oral Agreement

When entering into business relationships, it is always sensible to record any agreements in writing to minimise the risk of later disputes. The point was demonstrated in a recent case in which the High Court upheld a man's claim that he was entitled under...

Skier Hit from Behind by Another Skier Seeks Damages

A woman who was injured in a collision while skiing has commenced a claim for damages. The woman, who had never previously had an accident in more than 50 years of skiing, was on holiday in Austria when the accident happened. A skier behind her came too...

Damages for Worker Seriously Injured in Forklift Accident

A man who was seriously injured by a forklift at work, resulting in his lower leg being amputated, has received a substantial compensation settlement. The man, who was in his sixties, was helping to move poultry into a freezer. His leg was caught by a...

HMRC Estimate 1.1 Million Taxpayers Missed Self-Assessment Deadline

HM Revenue and Customs (HMRC) have announced that more than 11.5 million taxpayers filed self-assessment tax returns for the 2023/24 tax year by the deadline of 31 January 2025. HMRC had received 11,509,810 returns by the deadline, down slightly from...

Government Launches Compensation Scheme for LGBT Veterans

Following extensive discussions with LGBT veterans, the government has launched the LGBT Financial Recognition Scheme to compensate those who were impacted by the ban on LGBT personnel serving in the Armed Forces, which was in place between 1967 and 2000. ...

Will Written on Separate Pieces of Cardboard Ruled Valid

In an unusual case, the High Court has ruled that a will a man had written on two pieces of cardboard should be admitted to probate. The will, which the man had made the day before his tragic death by suicide, left his house and most of its contents to a...

Use of Late Wife's Embryo in Surrogacy Treatment Lawful

The High Court has granted a man's application for a declaration that it was lawful for him to use an embryo created using his sperm and his late wife's eggs in treatment with a surrogate, despite his wife not having given written consent. The embryo had...

High Court Upholds Injunction in Property Wall Case

The courts can assist homeowners whose properties are at risk of damage because of activities on nearby land. Recently, the High Court upheld an injunction requiring the operators of a hotel to reduce a build-up of earth on their side of a wall between it...

Injured Motorcycle Racer Entitled to Compensation

A professional motorbike racer who hit his head on a safety barrier after his motorbike left the track is set to receive compensation for the injuries he suffered. The 41-year-old rider was participating in a test day, which gives riders and their teams an...
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