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A motorcyclist who suffered life-changing injuries when he collided with a car has succeeded in his claim of liability against the car's driver. The motorcyclist, then aged 55, collided with the back of the car, which also struck a car in front of it. There...
A woman and her ex-husband who allegedly lost substantial funds belonging to the woman's mother have been ordered by a judge to pay back the missing money. After the mother died in 2019, at the age of 86, the woman's sister brought proceedings in an effort...
A crane operator who was severely injured in a workplace accident has reached a settlement with his employer. The man was de-rigging a crane when its head hit his right elbow. He sustained severe fractures and nerve damage, and had to have metal plates...
Tenants who feel that they are being overcharged for services in connection with their properties are able to challenge the reasonableness of their charges. The First-tier Tribunal (FTT) recently reduced the amount a tenant was required to pay for insurance...
An unauthorised mortgage broker and its associates who exploited vulnerable consumers have been ordered by the High Court to pay £4 million to the Financial Conduct Authority (FCA) . The order was obtained against a company that arranged mortgages...
The Court of Appeal has overturned a Family Court decision that tibia fractures sustained by a 10-month-old girl had been inflicted deliberately or recklessly by one of her parents. The parents were in a long-standing, stable relationship. The girl had...
Settlements in personal injury claims can include amounts for psychological as well as physical injuries, as demonstrated by a case in which a pedestrian obtained significant damages after she was hit by a motorbike. The accident happened on a busy street....
The will of a man who married his carer less than a year before he died and left everything to her has been set aside after his daughter challenged its validity. The man was 93 years old when he married his carer, who was then aged 54. Following the...
A railway signalman who was injured when he tripped over debris on an unlit walkway has secured compensation. He was taken to A&E after the accident. X-rays showed that he had fractured his finger and he was fitted with a splint. He was unable to work...
Under Article 5(3) of Regulation (EC) 261/2004 (Regulation 261), an airline is not obliged to pay compensation where flights are delayed or cancelled due to 'extraordinary circumstances' which could not have been avoided even if all reasonable measures had...
The Upper Tribunal (UT) recently ruled on an appeal against a decision of the First-tier Tribunal (FTT) that a sign saying there was no public right of way over a staircase did not prevent a private right of way being acquired over it. The staircase had...
Taxpayers would be well advised to give prompt attention to any correspondence they receive from HM Revenue and Customs (HMRC). In a recent case, a man who appealed tax assessments and penalties several months late failed to convince the First-tier Tribunal...
On 22 May, the then Lord Chancellor, Alex Chalk, announced that he had completed his statutory review of the Whiplash Injury Regulations 2021 , following a call for evidence earlier this year. However, publication of the review was delayed as a result of...
The High Court has ruled that a financial remedies order requiring a husband to transfer his half share of the former matrimonial home to his wife could not stand because he had been made bankrupt by the time it was made. The couple had separated in 2017,...
A protracted legal battle has led to judgment being obtained in the case of a man who was fatally injured while working on a building site. The man died when he was hit by pieces of metal scaffolding that fell from a crane after a strap holding them...
An allegation that a will is a forgery can be hard to prove. However, such an allegation was successfully made out in a High Court case concerning an elderly man who died during the COVID-19 pandemic. The man had passed away in February 2021. A firm of...
Under Section 28A(4) of the Taxes Management Act 1970 , taxpayers whose returns are under enquiry may apply for a direction requiring HM Revenue and Customs (HMRC) to issue a closure notice. It is for HMRC to show that there are reasonable grounds for...
Cases involving life-changing injuries can be very complex and arriving at a fair settlement can take time. However, it may be possible to secure interim payments while the case is ongoing. Recently, a seven-year legal battle culminated in substantial...
When making decisions about where and with whom a child should live, the courts will prioritise the welfare of the child and will take the child's own views into consideration where appropriate. In a recent case, the High Court rejected a father's...
Lasting powers of attorney (LPAs) allow you to appoint someone else to make decisions in respect of your property and financial affairs, and/or your health and welfare, in the event that you lose the capacity to do so yourself. However, an LPA must comply...
The Right to Manage (RTM) is a method by which leasehold property owners can take over the management of the building they live in. However, an RTM company is bound by the terms of leases that existed before it was set up, as demonstrated by a recent case ...
A rugby player has succeeded in his claim before the High Court that an opponent who collided with him during a match was liable for the severe injury he sustained. The man was participating in an amateur Rugby Union match. As the second half began, an...
Those responsible for administering an estate are generally entitled to recover the costs properly incurred in doing so from the estate. Recently, the High Court ruled on whether costs concerning a dispute over a will and an application to remove the...
A recent decision of the Court of Appeal in a big money divorce case clarified how the sharing principle should be applied and when assets are subject to it. The couple had married in 2005. The husband had had a successful career in financial services...
An elderly woman who tripped on debris from her garden wall after a motorist crashed into it has received compensation for the injuries she suffered. After the vehicle collided with the wall, the woman, who had heard the crash, went outside to see what had...
A flight attendant who broke her leg in seven places after the aircraft on which she was working flew through severe turbulence has secured compensation for her injuries. The pilot told the cabin crew to resume their seats moments before the aircraft...
Those who fall victim to anonymous fraudsters may think there is nothing that can be done once their money has disappeared, but the courts have powers at their disposal which may assist. In a recent case involving bitcoin fraud , the High Court granted a...
The Leasehold Reform, Housing and Urban Development Act 1993 gives qualifying leaseholders the right to join together to buy the freehold of their properties – a process known as collective enfranchisement. A recent case demonstrated that this right...
A steel worker has secured a substantial compensation settlement after injuries he suffered when he fell from a crane led to his leg being amputated. The man's boss had asked him to remove an access panel from the crane so that it could be repaired. To...
While the courts have a range of powers to set aside orders, they will only exercise them in limited circumstances. In a somewhat surprising case that has attracted much comment, the High Court declined to set aside a final order of divorce that had been...
A man who was injured crossing a road in Belgium has defeated an application by the motorist's insurer to have his claim in England stayed in favour of proceedings in Belgium. The man, who was 53 and worked as an aircraft maintenance engineer, was visiting...
Following concerns last year about delays in processing probate applications, recent figures from HM Courts and Tribunals Service show that waiting times for grants of probate are continuing to improve. The average time from submission of a probate...
It is incumbent on taxpayers to make sure they fully comply with their obligations to file returns and pay any tax due. The point was illustrated by a recent case in which a taxpayer whose return had not been received by HM Revenue and Customs (HMRC) failed...
If a person lacks the capacity to make a will for themselves, it is possible to make a statutory will for them by applying to the Court of Protection. When seeking to vary such a will, however, the Court of Protection Rules 2017 require that beneficiaries...
Tenants of poorly maintained properties are not powerless and have the ability to apply for rent repayment orders where issues with the property amount to offences committed by the landlord. The First-tier Tribunal (FTT) recently ordered the landlord of an...
It may be possible to secure interim payments to help cover expenses such as care costs until a personal injury claim is settled. However, interim payments are only available in certain circumstances, such as where the defendant admits liability to pay...
Disagreements between separating couples all too often result in litigation that substantially reduces the assets available to them, as was illustrated by a case that recently reached the High Court. At issue was whether awards made by arbitrators in...
Arguments about what someone promised before their death can lead to significant legal costs. However, if faced with a claim against the estate, there may be steps the beneficiaries or executors can take to reduce the risks, as a recent High Court case...
There are often very specific rules that must be complied with in order to claim tax reliefs, but if a small mistake arises, the courts may be able to provide assistance. In a recent case, the First-tier Tribunal (FTT) found that an investor was entitled to...
When liability for a workplace accident is disputed, personal injury lawyers will fight hard to ensure that a fair settlement is reached. In a case on point, a substantial settlement of a man's personal injury claim was agreed following a five-year battle. ...
When divorcing couples disagree on how assets should be divided, the courts will seek to arrive at a fair outcome for both parties. In deciding how the proceeds of sale of a former couple's home should be apportioned, the Family Court agreed with the wife...
Anyone who has suffered serious neglect in childhood may be able to claim compensation if professionals failed in their duty to protect them. In a recent case, a woman succeeded in persuading the High Court that her claim against a local authority had a real...
Disagreements between neighbours over where the boundary between their properties lies can ultimately lead to litigation costs far exceeding the value of the land in question. In a widely reported case, the removal of guttering that allegedly overhung a...
Having your will drawn up professionally by a qualified solicitor is always a sensible precaution, especially in later life. In a recent case, the High Court ruled that a retired businessman lacked testamentary capacity when he made a will less than three...
A man has secured a damages settlement after he fell from height on his first day working at a dry dock. The man and other workers at the dry dock had been asked to sandpaper and paint river cruise boats before they returned to service. Although the workers...
A woman who was hit by a speeding driver while crossing a road in a city centre has been awarded a seven-figure sum in damages. The vehicle was travelling at about 45 mph – 15 mph above the speed limit – when it struck her as she crossed at a...
When an asset falls in value to the point that it is almost worthless, it may be possible to make a negligible value claim under Section 24 of the Taxation of Chargeable Gains Act 1992 . The asset will then be treated as if it had been sold and immediately...
The courts are often called upon to sanction treatment for patients whose ability to make decisions for themselves is impaired. In a recent case on point , the Court of Protection had to decide whether it was in the best interests of a man with mental...
People who are injured when riding in a vehicle driven by someone else may still be entitled to compensation even if they are partly at fault for their injuries. This was demonstrated in a recent High Court case involving a boy who was injured when he fell...
In law, adopted children are regarded as having been born to their adoptive parents. The Family Division of the High Court recently considered whether that fact precluded a parental order being granted under the Human Fertilisation and Embryology Act 2008...
