Legal News

Confidentiality - Don't Give In to Threats

If you are facing menacing demands for money, you should take legal advice straight away. In a recent case, the High Court came to the aid of a wealthy married businessman who claimed to have been subjected to blackmail following a brief affair with a work...

Under Financial Pressure? Don't Fall Into Dodgy Lenders' Arms!

Financial pressure can easily lead the unwary into the arms of unscrupulous lenders. One High Court case, in which numerous borrowers found themselves in legal limbo , shows how unwise it is to enter into such transactions without professional advice. A...

Trust Variation for Minors - High Court Holds Sway

Setting up family trusts with minors or those with mental incapacities as beneficiaries is by no means uncommon and it sometimes occurs that such trusts need to be varied for one reason or another. The mechanism for this is the Variation of Trusts Act 1958...

Pre-Nuptial Agreement Receives Court Backing

The validity of pre-nuptial agreements depends on legal advice being taken on both sides, equal bargaining positions and overall fairness. In one case, the High Court found that a wife in a big money divorce case was bound by such an agreement and awarded...

Be Careful Who You Trust With Your Finances

Giving someone else power of attorney over your finances can be a useful means of ensuring that your affairs will be properly managed if you lose the capacity to do so yourself. However, one case in which a war veteran's money was plundered by a man he...

Understanding Between Couple Regarding Work Done Creates Legal Obligation

Legal arguments between cohabitants who break up are commonplace. However, a recent case dealt with a lengthy legal dispute between the surviving partner of a gay couple and his deceased partner's family. The couple lived in a property that was owned by...

Changing Circumstances Lead to Divorce Settlement Dispute

When a wealthy construction business owner and his wife divorced in 2011, a 'clean break' agreement was made to include the sale of the two properties they owned – the family home in the UK and one in Spain. In the event that neither had been sold, the...

Working From Home? Do You Have the Right?

Although they may not know it, many householders are banned by restrictions in their title deeds from using their properties for commercial purposes. Recently, a man who converted his garage into a dog grooming parlour discovered why he should have sought...

Email Address Not Enough for Serving Claim

You may think that because a firm has an email address, you can serve a writ or other legal document on them by sending it via email…and so you can, but not unless the firm has agreed to that. It took a visit to the Supreme Court to resolve the...

High Street Store Will Invalid, Rules Court

The dangers inherent in adopting a casual approach to one's will were starkly illustrated in a case that considered the validity of three 'templated' wills written by an elderly woman within a period of four years. The woman had three children and two...

Judge Criticises Council and DWP for Usurping Attorney's Powers

When a person is not capable of looking after themselves, the Secretary of State has the power to appoint someone else to do so. A recent court case shows that failing to do so in a balanced way can have adverse consequences and saw a judge condemn the...

Supreme Court Supports Mother Who Changed Mind Over Return to Australia

Divorces where there is an international dimension often present specific issues, and a recent case involving a couple who had been living in Australia before they separated is no exception, leading ultimately to a hearing in the Supreme Court . The...

Flats Development 'No Pets' Policy Passes High Court Test

If your tenancy agreement contains a 'no pets' policy, the fact that your pet does not cause any issues for other tenants will not prevent your landlord from enforcing its removal. In a recent case, the High Court ruled that a couple had been lawfully...

Psychiatrist Approves Marriage for Alzheimer's Patient

Remarriages are a common source of disagreement and acrimony among family members and dementia is an increasingly prevalent issue, so it is unsurprising that when both were present, the result was a legal dispute in which the Court of Protection had to...

Who Owns the Balance on the Joint Account?

Sometimes, what seem to be quite simple questions have to be decided in court. In a recent case, the issue was who owned the money in a joint bank account when one of the account holders died. Simple question or not, it was argued all the way to the Court...

Everyone Has a Right to Know Who Their Parents Are - DNA Test Case

In a ground-breaking decision that prioritised the rights of the living over those of the dead, the Court of Appeal has opened the way for genetic testing of DNA extracted from a sample taken from a cancer victim before his death in order to clarify the...

Planning Law - Take Advice Before You Act

The planning system is very far from straightforward and sensible landowners seek legal advice before tackling it. The point was underlined by one case in which a farmer ended up with a part-built barn and at risk of enforcement action if he completed the...

High Court Focuses on Essentials to Resolve Family Trust Dispute

Even the most careful drafting cannot always succeed in dispelling ambiguity or in making provision for all future eventualities. As a High Court case concerning a family trust showed, however, the courts are always there to act as a neutral umpire in...

Reliance on Accountant Shows Reasonable Care

If you rely on your accountant's advice regarding a tax issue, HM Revenue and Customs (HMRC) will now regard you as having taken 'reasonable care' to get things right and will not impose a penalty. On 14 February, HMRC issued new guidance relating to the...

Premature Contract Signature Proves Expensive

Signing a contract before you are sure you are willing to complete it can be a huge mistake: judges do not flinch from enforcing valid contracts, as a recent case shows . It involved a man who reneged on a deal to buy a family home for £5 million. He...
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