Legal News

Insurer Must Pay Missing Driver Claim

When a person has an accident involving a car and a claim results, it is usually dealt with by the insurer of the driver concerned. If the driver is not insured or is untraced, a procedure exists to ensure a claim can still go ahead, only in this case the...

Skulduggery in Divorce Proceedings Will Do You No Good

Resorting to skulduggery in divorce proceedings is sadly common but almost never does either side any good. That was certainly so in one case in which a man surreptitiously took documents from his ex-wife's home and sought – unsuccessfully – to...

Court Rejects Rerun Argument in Property Dispute

Problems with covenants affecting land are common and sometimes a dispute can resurface years after it seems to have been settled. In a recent instance, a landowner was successful in reopening the battle over a covenant after persuading the court it was...

HMRC's Tough Approach to Penalty Rejected by Tribunal

Just how tough HM Revenue and Customs (HMRC) can be was illustrated by a recent case in which they imposed a penalty of £1,300 for the late filing of a tax return by a businesswoman who, as well as running her own business, was also caring for her...

Court Rejects Will in a Crisp Packet

Unfulfilled hopes of substantial inheritance are commonplace, both in fact and fiction, but not often do they lead to such ham-fisted attempts at forgery as that shown by a disappointed widow after her husband left her just £25,000 of his...

Mired In Debt? Get Professional Advice You Can Rely On

The position of those in debt is normally far from hopeless and much can be done to save them from penury. However, they are particularly vulnerable and, as a decision of the Upper Tribunal (UT) showed , the Financial Conduct Authority (FCA) tries its...

Mothers Denied Child Residence Orders

When a couple split up, it is very common for one of them to wish to move away, often to the area where they grew up or have family. This can create significant issues as far as the children are concerned and disputes in such cases are common. In a recent...

High Court Blocks 'Super-Basement' Extension Plans

Basement extensions are increasingly popular, particularly in areas where property prices are high, but are not always looked upon favourably by neighbours. In one case, an objector obtained legal advice and succeeded in blocking plans for a three-storey...

Average British person commits 32 crimes a year

Average British person commits 32 crimes a year Although 98% of British people consider themselves law-abiding citizens, on average we each commit 32 crimes a year. This is according to new research carried out by BT TV. This “crime wave”...

HMRC Provide Calculator for New IHT Relief

Like many pieces of tax legislation, the 'additional threshold' (AT) for Inheritance Tax (IHT) – which, in simple terms, limits the potential IHT charge on high-value residential properties – is a lot more complicated than it looks at first...

Managing the Affairs of Missing People Law Passed

With the general election hogging the headlines, the passing of the Guardianship (Missing Persons) Act 2017 , which received Royal Assent on 27 April 2017, went almost unreported. Although the date on which the Act will come into force has not yet been...

Sale of Goods Law Provides Route to Compensation for Holidaymakers

An interesting use of the law relating to the sale of goods helped a couple whose all-inclusive holiday was ruined by gastroenteritis claim compensation from travel group First Choice recently. They claimed damages under the Supply of Goods and Services...

Court Unwilling to Force Family Home Sale

Taking legal advice when borrowing for any purpose is important, as a recent case in which a wife faced the possibility of the sale of her home when her husband was made bankrupt shows. When he faced financial difficulties in 2005, the husband raised a...

Your Right to Claim Tax Relief on Losses Dies With You

You can claim tax relief if assets that you have acquired become worthless or loans that you have advanced prove to be irrecoverable. However, in a case that will be required reading for tax professionals, the Upper Tribunal (UT) has ruled that the right...

Car Bonnet Will is Valid, Rules Court

There are a number of requirements that must be met for a will to be valid and one of these is that the signing of the will must be witnessed by two people who are not beneficiaries. A recent case before the High Court turned on that point. It was brought...

Couple Ordered to Demolish House Built Without Planning Permission

Planning laws are complex and before starting any building work it is always wise to seek professional advice. In one case that proves this point, a couple who almost doubled the size of their country cottage without planning permission were ordered to...

Put it in Writing

It is astonishing how often disputes over the beneficial ownership of assets become the subject of lengthy court proceedings. In a case decided in March, an argument about the ownership of a property ended up (at huge cost to the loser) in the Court of...

Failure to Take Advice Proves Costly in Family Arrangement

No matter how much you may trust relatives or close friends, you should never sign important documents without independent legal advice. In one case that proves the point, a man put his name to a deed that was put before him by his brother but which...

Have You Checked Your Investment Adviser's Credentials?

Investment advice is best obtained from authorised professionals and it is unwise to rely on friends' recommendations, no matter how trustworthy they may appear. In one case that proved the point, a currency trader who turned to fraud and lost £500,000...

Power of Attorney Fees Fall

With the recent furore over the Government's proposed increase in the cost of obtaining probate on larger estates, currently on ice owing to lack of parliamentary time in the run up to the General Election, it is nice to see that the direction of change in...
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