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One Good Reason Why Professional Conveyancing is Always Required

One good reason why professional conveyancing is always required is that lurking in the title deeds of a great many properties are clauses that may heavily restrict their development or any future use to which they can be put. One such clause came under...

Honeymooner in Spanish Hotel Fall Wins Right to Recompense

For British holidaymakers who are injured overseas, obtaining justice can prove a significant challenge. However, as the case of a woman who suffered a life-changing accident on her Spanish honeymoon showed, specialist personal injury lawyers are nothing if...

Declaration of Death Opens Way for Administration of Missing Teacher's Estate

When a person goes missing without trace, the fact that their assets are left in limbo often adds to the agony suffered by their loved ones. However, as a High Court ruling in a very sad case showed , such impasses can if necessary be broken by a judicial...

Stamp Duty Avoidance Scheme Goes Pear Shaped - A Cautionary Tale

Tax avoidance schemes are not always effective and can have serious unforeseen consequences. In a telling case on point, a man was required to pay the entirety of the Stamp Duty Land Tax (SDLT) due on a seven-figure property transaction, a bill that he would...

Catastrophically Injured Pedestrian Receives £3.2 Million Damages Award

In many road accident cases, assessing where responsibility lies is anything but a straightforward exercise. However, this difficulty was successfully tackled in a seven-figure settlement of a catastrophically injured pedestrian's claim. The middle-aged...

Family Judge's Challenging Interventions Rendered Care Hearing Unfair

Judges are not expected to sit placidly on the bench, silently listening to barristers' arguments. However, as a Court of Appeal ruling in a case of critical importance to the future of two children showed , there comes a point where excessive judicial...

Vulnerable Child Abused by Charity Worker Receives £150,000 in Damages

Children who suffer sexual abuse are entitled both to see their tormentors punished by the criminal law and to damages. In a case on point, a young woman who was violently preyed upon by a charity employee received a six-figure award. When in her mid-teens,...

Court of Appeal Analyses Will Revocation Clause in Guideline Decision

Included in most people's wills is a clause that has the effect of revoking all their previous wills. Such straightforward provisions are usually uncontentious but, as a guideline Court of Appeal ruling showed, they can give rise to difficulties where a...

Accident Reconstruction - CCTV Footage is Useful but Not Always Decisive

CCTV cameras are nowadays ubiquitous in public places and can greatly ease the task of accident reconstruction experts. As a case involving a young man who was struck by a train showed, however, imperfectly positioned cameras or gaps in footage can still...

Local Authority Taken to Task for 'Dismal' Treatment of Homeless Family

Homeless applicants for public housing have a right to expect more than unthinking and mechanistic responses from local authorities. In powerfully making that point , a judge described aspects of a council's handling of a young family's case as nothing...

Mother Not Responsible for Toddler's Shocking Injuries - Family Court Ruling

It is every parent's worst nightmare to be accused of injuring their child. However, as a Family Court ruling showed , such allegations are subject to intense judicial scrutiny, which in some cases results in complete exoneration. An autistic toddler was...

Inheritance Dispute Focuses on Successful Family Catering Business

When making your will, the general rule is that you are free to leave your assets to whomsoever you wish. However, as a High Court case concerning ownership of a thriving family business showed , such testamentary freedom may be restricted by agreements...

Couple Injured When Taxi Braked Hard Receive Substantial Award

It is often impossible to discern with absolute certainty the cause of road accidents that occur in the twinkling of an eye. As a case concerning a couple who were injured in the back of a taxi showed, however, judges are well versed at seeing where the...

Even Acts of Generosity Should Be Properly Documented - Cautionary Tale

Even acts of generosity can lead to litigation if the basis for them is not professionally documented. That was sadly so in the case of a businessman who stepped forward to rescue close family friends from the threat of homelessness. A couple with five...

Is Your Landlord Harassing You? You Don't Have to Just Grin and Bear It

Tenants have a right peacefully to enjoy their homes, free from harassment by their landlords. A judge succinctly made that point in awarding substantial compensation to a couple whose landlord was anxious to see the back of them so he could refurbish and...

Personal Injury Lawyers Succeed in Identifying Dangerous Driver

Dangerous drivers leave chaos in their wake, but it can be hard to identify them, let alone hold them legally responsible for the accidents they cause. However, in one striking case, personal injury lawyers surmounted that challenge and achieved a good...

Moving in Together? Do You Understand the Legal Ins and Outs?

Couples who move in together commonly believe that their shares in the property will reflect their respective financial contributions to the purchase price or mortgage. As a High Court ruling made plain, however, such assumptions are often mistaken in that...

Breaking the Deadlock of Competing Divorce Petitions at Home and Abroad

When married British couples separate whilst living overseas, it is quite common for competing divorce petitions to be issued both in England and abroad. A High Court ruling provided a useful illustration of the judicial approach to jurisdictional issues ...

Falsely Imprisoned Window Cleaner Receives Police Damages

If you are unlawfully arrested or detained by the police, the law will see to it that you are compensated fairly. In a case on point, a window cleaner who was arrested and held in custody after a financial dispute with a customer reached boiling point was...

Making a Will? You Mustn't Forget Your Family and Financial Dependants

When making your will, you may, for one reason or another, choose to distribute your estate unevenly between your loved ones. However, as a High Court ruling showed , you are under an overriding duty to make reasonable provision for members of your family...

Pedestrian Hit by Car in Early Hours Awarded £1,675,000 in Damages

No two personal injury cases are the same and assessing the appropriate amount of damages always requires expert professional judgment. That was certainly so in the case of a young man who sustained a catastrophic brain injury when he was struck by a car in...

Religious Leader's Employment Contract 'Was Illegally Performed'

Those who seek the protection of the law with metaphorical dirty hands are likely to receive short shrift. An Employment Tribunal (ET) powerfully made that point in the case of a religious leader who had engaged in tax evasion. The man launched...

The Validity of a Pre-Nuptial Agreement Often Depends on Top-Quality Legal Advice

Pre-nuptial agreements (PNAs) which are not entered into freely or which have unfair results will generally not be worth the paper they are written on. However, as a High Court case showed, judges are far more likely to treat them as valid if they are signed...

Neighbours' Disputes - Negotiate Now or Pay a High Price Later

Many neighbours' disputes may, at least to an outsider, appear trifling. However, as a High Court ruling showed , they matter very much to those involved and, in the absence of amicable negotiation, they can very easily become ruinously expensive. A...

Ex-Soldier's Personal Injury Claim 'Tainted by Fundamental Dishonesty'

The vast majority of personal injury claims are entirely genuine. However, as a High Court ruling showed, there are very sadly a dishonest few who, in pursuit of large sums in compensation, present exaggerated or fabricated cases. The case concerned an...

You Are Duty-Bound Reasonably to Provide for Your Dependants in Your Will

Making reasonable provision in your will for those who depend upon you financially is a duty, not a choice. A judge made that point in coming to the aid of two sisters who were left in acute need when their father bequeathed them nothing. In a will made...

Tax Residency - Australian Entrepreneur Challenges Million-Pound CGT Bill

The belief that you cease to be a UK resident for tax purposes simply by staying out of the country for a certain number of days is a common fallacy. As a TV personality, entrepreneur and property investor found out to his cost, the legal test is very much...

Adopted Pensioner's Quest to Find Her Birth Parents Finally Bears Legal Fruit

Many adopted people feel driven to embark on long and demanding quests to find their birth parents. In one case, decades of painstaking research paid off when a woman in her late 70s was granted a court order that completed her sense of identity . The...

Teenage Road Accident Victim Awarded Almost £3 Million in Damages

Promising young lives are sadly ruined every day by road traffic accidents. Nothing can make up for such tragedies but, as a High Court case showed, compensation can at least soften the blow and give hope for the future. The case concerned a teenager who...

You Don't Have to Put Up With Online Harassment

In an era of easy, internet-based mass communication, reputations can, without a shred of justification, be destroyed at the click of a button. As a High Court case showed, however, victims of such behaviour can, with expert legal assistance, achieve both...

Charity Must Pay Damages Following Hostel Resident's Window Fall

Those who invite visitors onto their property are obliged to take steps to keep them reasonably safe. As the case of a troubled woman who fell from a hostel window showed, even charities are not exempt from that fundamental duty. The middle-aged woman led a...

This Is Why You Should Make a Will Whilst You're Still Hale and Hearty

There are all sorts of good reasons why you should instruct a solicitor to draft your will whilst you are still hale and hearty. As a High Court case showed , waiting until you are old and vulnerable before performing that vital task is to positively invite...

Stamp Duty Land Tax - When is a Property Unsuitable for Use as a Dwelling?

A newly purchased house may require a great deal of renovation and repair work to render it habitable – but does that mean it is unsuitable for use as a dwelling for the purposes of Stamp Duty Land Tax (SDLT)? A tribunal considered that issue in a...

Police Breached Duty of Care Owed to Stabbing Victim

It is notoriously difficult for victims of crime to successfully sue the police on the basis that they failed to match up to their duty of care. However, as the case of a woman who was repeatedly stabbed outside her home showed, it is not impossible. The...

Ex-Couple Spend an 'Absurd' £5 Million Plus Litigating About Their Child

Disputes between separated couples as to how their children should be provided for can, in the absence of compromise, sadly reach epic proportions. That was certainly so in one extraordinary case in which a couple spent over £5 million between them ...

High Court Ruling Underlines the Pitfalls of Making 'Inflexible' Mutual Wills

It is legally possible for couples to make mutual wills by which each binds the other not to alter their bequests at any point in the future, save by mutual agreement. As a High Court ruling showed , however, the inherent inflexibility of such arrangements...

What is an 'Accident' in a Commercial Air Travel Context? Guideline Ruling

The word 'accident' is, in common parlance, often used quite loosely. However, as a case concerning a passenger who slipped on board a Ryanair jet showed, it has a very specific meaning in the context of commercial air travel. Wintry conditions afflicted a...

Setting Up Business in a Garden Outhouse? Make Sure You Read This First

One of the social effects of the COVID-19 pandemic was the creation of a fashion for householders to operate businesses from outhouses in their gardens. However, an important tribunal ruling underlined the legal hazards of such a course . In response to...

Judge Sifts Evidence to Find Motorist Responsible for Serious Road Accident

The speed with which road accidents occur can make it extremely difficult to discern with absolute certainty where fault lies. However, as a case concerning a severely injured motorcycle pillion passenger showed, judges are adept at sifting detailed evidence...

Need Help with Your Tax Affairs? Choose Your Advisers Carefully

Many people who have little understanding of the tax system sensibly seek help from those with greater expertise. However, a case that exposed an apparent loophole in HM Revenue and Customs' (HMRC's) systems showed how important it is to choose your advisers...

Supreme Court Ruling Tests the Boundaries of Vicarious Liability

Employers must compensate victims of misdeeds committed by their employees in the course of their work. That is a true statement, so far as it goes, but a Supreme Court ruling in a case concerning a Jehovah's Witness who was sexually assaulted by an elder in...

Mental Capacity and Divorce - High Court Ends 'Empty Husk' Marriage

Only those with the mental capacity to make important decisions for themselves can consent to marriage – or divorce. However, as a High Court ruling made plain , it is in no one's best interests for the law to maintain a marriage that has become no...

Disappointed Polar Cruise Couple Triumph in Breach of Contract Claim

Almost everyone has returned from a holiday feeling deeply disappointed, but a right to compensation by no means necessarily follows. However, in one case, a couple whose £20,000 polar cruise fell sadly short of their expectations successfully took a...

Delay in Contacting Solicitors Can be Fatal to Your Personal Injury Claim

If you suffer loss or injury as a result of an accident that you believe was someone else's fault, you should contact a solicitor immediately. The potential consequences of delay in doing so were underlined by a case concerning a security contractor's death...

Want to Keep Your Will a Secret? High Court Ruling Underlines the Pitfalls

Tensions simmer within many families and, when making your will, you may wish to keep its contents secret from your loved ones so as to avoid feeding the fire. As a High Court case showed , however, that makes it all the more vital to engage a solicitor to...

Can Managing Your Personal Share Portfolio be a Trade for Tax Purposes?

With widely differing degrees of success, many enthusiastic investors buy and sell shares on their own account in the hope of boosting their incomes – but can such activities be viewed as a 'trade' for tax purposes? The First-tier Tribunal (FTT)...

What Can a Family Judge Do When Faced With a Parent's Absolute Defiance?

In cases where even a succession of stiff prison sentences has failed to bring about compliance with court orders, what is a judge to do? A family judge faced exactly that quandary in the case of a father who defiantly refused to cooperate in arranging the...

Boy Severely Injured in Open-Top Bus Tragedy Receives Damages

Accidents that happen abroad often present particular difficulties for personal injury lawyers. However, as the case of a young boy who almost died when an open-top tour bus was driven into an overhanging tree branch showed, there are few challenges that...

High Court Comes to Aid of Widow Left Almost Penniless by Husband's Will

Failing to make reasonable provision for your dependants in your will is to positively invite discord between your loved ones after you are gone. That was certainly so in the case of a man who bequeathed not a penny to his elderly widow . The man wanted...

Japanese Knotweed Victim Wins Compensation in Landmark Nuisance Case

Landowners should sit up and take notice of the Court of Appeal's ground-breaking decision to award thousands of pounds in compensation to a property investor, the value of whose land was blighted by notoriously invasive Japanese knotweed. The case...
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