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Financial Remedy Proceedings Remitted to High Court

The Court of Appeal has set aside a financial remedy order in a divorce between a wealthy couple, finding that it was necessary for the case to be reheard. The couple had begun a relationship in Bahrain in 2011. They had moved to England in January 2013...

Businessman Was Domiciled in England, FTT Rules

The First-tier Tribunal (FTT) has dismissed a businessman's appeal against a decision of HM Revenue and Customs (HMRC) that he was domiciled in England. The businessman, who had been born in England to Irish parents in 1942, had filed his self-assessment...

Leases Did Not Permit Landlord to Build Up Reserve Fund

The Upper Tribunal (UT) has ruled that the terms of a woman's leases did not permit her landlord to demand contributions to a 'reserve fund' by way of her service charges. The woman held a long lease of her flat and a further lease granting easements over...

Court Authorises Care Plan for Pregnant Woman Who Lacks Capacity

The Court of Protection has granted declarations sought by two NHS trusts that a pregnant woman lacked capacity and that a care plan which provided for the possibility of her undergoing a caesarean section was in her best interests. The woman was pregnant...

Two Thirds of People Do Not Have an Up-to-Date Will, Poll Finds

A poll recently commissioned by the charity will-writing campaign Will Aid has revealed that two thirds of people either have not made a will or have a will which is out of date. The survey of more than 2,000 adults in the UK found that 57 per cent of them...

Court Refuses to Stay Divorce Proceedings on Jurisdictional Grounds

The Family Court has dismissed a woman's application to stay divorce and financial remedy proceedings , finding that she had not demonstrated that it would be more appropriate to litigate the issues in Florida. She had met another woman in Switzerland in...

Permission to Bring Late Appeal Against Closure Notices Refused

The Upper Tribunal (UT) has upheld a decision refusing a taxpayer permission to bring a late appeal against closure notices issued by HM Revenue and Customs (HMRC). After HMRC issued closure notices determining an increase in the taxpayer's Income Tax...

Couple Who Abused Husband's Parents' Powers of Attorney Imprisoned

A husband and wife who abused their positions as attorneys of the husband's elderly parents have been sentenced to six years in prison and ordered to return the money they stole. The couple had made over 100 transfers from the husband's parents' bank...

Covenant Modified to Allow House to be Used for B&B Business

The Upper Tribunal (UT) has modified a restrictive covenant to allow a couple to run a bed and breakfast business from their home. The couple owned a two-storey, four-bedroom house. In 2023 they had started running a B&B, having created two en-suite...

Court of Appeal Sets Aside Order for Boy's Return to Texas

The Court of Appeal has allowed a mother's appeal against the High Court's refusal to set aside or stay an order for the return of her son to Texas. The boy's father was an Indian national who lived in the USA. He and the boy's mother had met in 2023 and...

Taxpayer Granted Permission to Appeal Against Assessments

The value of obtaining legal representation when seeking to challenge decisions made by HM Revenue and Customs (HMRC) was illustrated by a recent case in which the Upper Tribunal (UT) granted a taxpayer permission to appeal against a decision upholding a...

Partner's Claim for Provision from Designer's Estate Rejected

The High Court has rejected a claim by a clothing designer's partner for financial provision from his estate , finding that it had not been demonstrated that they had lived together as a married couple for the required period of two years before the...

A Practical Guide to Lasting Powers of Attorney

Lasting Powers of Attorney (LPAs) were introduced in 2007 by the Mental Capacity Act 2005 , replacing Enduring Powers of Attorney. A power of attorney allows someone else to make decisions on your behalf or help you make decisions if you lack the capacity...

Couple Succeed in Application to Register Right of Way

The First-tier Tribunal (FTT) has granted a couple's application to register a right of way over a small triangle of land belonging to a neighbouring property owner, finding that they and their tenants had crossed it as of right for at least 20 years. The...

Parental Order Naming Deceased Father Made in Surrogacy Case

The Family Court recently made a parental order in the names of both parents of twins born via surrogacy, despite their father having died before their birth. The mother and father had been in a relationship for several years before marrying. Their first...

FCA Recovers Investors' Money from Convicted Fraudster

The Financial Conduct Authority (FCA) has obtained a confiscation order under the Proceeds of Crime Act 2002 against a convicted fraudster. As a result, victims of his crimes are expected to recover most of the money they invested. The fraudster offered...

Increase in Probate Application Fee

On 13 July 2026, the fee charged when applying for probate increased significantly, from £300 to £526. The fee applies where the value of the estate is more than £5,000. There is no fee for estates of £5,000 or less. If probate has...

Sister Did Not Sign Property Transfer Form, FTT Rules

Under Paragraph 5(a) of Schedule 4 to the Land Registration Act 2002 , the Land Register may be altered for the purpose of correcting a mistake. Recently, the First-tier Tribunal (FTT) granted an application for alteration of the Register by a woman who...

Order for Sale of Family Home Cannot be Granted After Wife's Death

The Family Court has concluded that it had no jurisdiction to hear a man's application for an order for sale of the former matrimonial home following his ex-wife's death, finding that personal rights and obligations arising under the Matrimonial...

Woman Wins Defamation Settlement Against Overseas Newspaper

Seeking redress for defamatory statements can often be complex, but it is certainly not impossible. Recently, a woman succeeded in obtaining damages from a journalist who had misrepresented what she had said in an interview with him, as well as from an...
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