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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 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...
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....
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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. ...
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...
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...
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...
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...
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. ...
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...
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...
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...
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...
In a decision it described as 'finely balanced', the Court of Protection recently ruled on whether it was in a woman's best interests to remain in her current placement in England or move to a new placement in Scotland, where she had previously lived and...
A six-figure compensation settlement has been secured for a student who was seriously injured when his motorbike was hit by a car. The accident happened when the car suddenly pulled out of a side road into his path. He was unable to avoid hitting it and was...
The First-tier Tribunal (FTT) has found that a man who delayed payment of tax because he was waiting to receive the proceeds of a share sale did not have a reasonable excuse for late payment. The man's tax liability for the relevant tax year was...
The Family Division of the High Court recently refused an application for a 13-year-old girl's summary return to the USA , in a decision in which the girl's own objections to returning were a key consideration. The girl's American mother and British father...
A man who suffered serious injuries after he attempted to intervene in a fight between friends has obtained compensation. He was hit in the jaw and fell to the floor, losing consciousness. He suffered a broken nose, bruising to his face, and damage to four...
Under Section 58A(6) of the Courts and Legal Services Act 1990 , a success fee payable as part of a contingent fee arrangement cannot be included in costs payable by the other party in litigation. The Supreme Court recently ruled on whether Section 58A(6)...
An inquest has concluded that a house fire which led to the deaths of an 86-year-old woman and her son was caused by an electrical fault in a tumble dryer. The inquest heard that they were likely to have been asleep when the fire broke out. They woke up but...
There is no general rule in First-tier Tribunal (FTT) proceedings that the unsuccessful party pays the successful party's costs. However, Rule 13(1)(b) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 allows the FTT to make an...
The Lord Chancellor's report on the statutory review of the Whiplash Injury Regulations 2021 has now been published and presented to Parliament. It was announced in May that the review had been completed, but publication was delayed until after the...
Under Section 11 of the Tribunals, Courts and Enforcement Act 2007 , an appeal to the Upper Tribunal (UT) against a decision of the First-tier Tribunal (FTT) can only be made on a point of law. This was illustrated by a recent decision in which the UT...
When couples are divorcing, mediation is strongly recommended in order to reduce the time and expense involved in court proceedings. This was amply illustrated in a recent case in which the Family Court refused a husband's application to strike out an...
An accident that caused a worker to lose his leg has resulted in a £400,000 fine for a manufacturer of wood panels, following an investigation by the Health and Safety Executive (HSE). A pack of waste medium-density fibreboard (MDF) sheets, weighing...
The son of a farmer whose final will disinherited him has succeeded in his proprietary estoppel claim and his claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 . For a claim of proprietary...
The Court of Protection recently had to decide whether a pregnant woman had capacity to decide whether or not to undergo a planned Caesarean section and, if she did not, whether the procedure was in her best interests. The 37-year-old woman had been...
According to research carried out by the Financial Conduct Authority (FCA), cryptoasset ownership in the UK is rising, with 12 per cent of adults now owning cryptoassets. The average value of cryptoassets held by individuals is £1,842. Those who...
When a child is born via a surrogacy arrangement, the legal parents are the surrogate mother and, if they have consented to the arrangement, her spouse or civil partner. The intended parents must apply for a parental order or adoption in order to become the...
A man who fell through the roof of a caravan on his first day working for his employer has received compensation for the injuries he suffered. The man had previously worked for another caravan manufacturer and had been used to walking on the roofs of...
A man who successfully challenged his mother's final will is likely to recover the lion's share of his legal costs after the High Court ruled that his brother, who attempted to uphold the will's validity, should pay his costs on the indemnity basis . In...
A man who suffered life-changing injuries in a road traffic accident has obtained a seven-figure compensation settlement. The man was travelling in the front passenger seat of a car when it was involved in a head-on collision. He sustained serious injuries,...
