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High Court Rejects Disinherited Son's Claim to Farm

The High Court has rejected a son's claim that he was entitled to inherit his father's farm based on promises his father had made during his lifetime. The son's claim that his father's last two wills were invalid was also rejected. The father had died in...

Court Refuses Application to Withdraw Life-Sustaining Treatment

When deciding what is in the best interests of a patient who lacks capacity to make decisions about their care, the courts will take into account any wishes and feelings the patient has previously expressed, as well as the medical evidence. Recently, the ...

FSCS Deposit Protection Limit Increasing

From 1 December 2025, the Financial Services Compensation Scheme (FSCS) deposit protection limit is increasing from £85,000 to £120,000. If you hold deposits or savings with a UK-authorised bank, building society or credit union and it goes out...

Reporting on Family Court Proceedings - Government Guidance

From January this year, new reporting provisions were introduced in family courts in England and Wales, following a successful pilot scheme. The government has published guidance on the new regime for parents and family members involved in family court...

Homeowner Triumphs in Boundary Dispute With Neighbours

A homeowner has succeeded in his application for a boundary determination after his neighbours extended their driveway and built a fence in front of his window. The homeowner had bought his house in 2021. A few months later, the neighbours had dug up part...

High Court Rejects Grandsons' Claim to Family Farm

The High Court has upheld the validity of a codicil to a woman's will which left the family farm to her two daughters and dismissed claims by her grandsons that she had promised the farm to them. The woman had passed away in 2020 at the age of 96. A will...

Taxpayer Had No Reasonable Excuse for Late Appeal, FTT Rules

Taxpayers who are unsure how to deal with any correspondence they receive from HM Revenue and Customs (HMRC) would be well advised to seek professional assistance, as was demonstrated by a recent case in which the First-tier Tribunal (FTT) refused a...

Wife Can Pursue Claim in England After Russian Divorce

The Court of Appeal has granted a wife leave to pursue an application for financial relief in England against her former husband, more than a decade after their Russian divorce. The couple were both Russian nationals and had lived in Russia throughout...

Owner of New-build Home With Unsuitable Foundations Awarded Damages

A man whose home suffered damage because of problems with its foundations has been awarded provisional damages of more than £423,000 from the housebuilder from which he bought the property. The four-bedroom detached house, which the man had...

High Court Declines to Make Deprivation of Liberty Order

The High Court has refused to make a Deprivation of Liberty order sought by a local authority in respect of a 17-year-old boy. The boy was estranged from his parents and had been accommodated by the local authority since shortly after his 16th birthday....

Multiple Dwellings Relief Available on House With Attached Annex

Although Multiple Dwellings Relief (MDR) from Stamp Duty Land Tax (SDLT) was abolished with effect from 1 June 2024, cases dealing with its availability are still working their way through the courts. Recently, two purchasers of a house with an attached...

Children Should Remain Living With Father, Family Court Rules

The Family Court has ruled that four children should continue to live with their father , in what it described as a very long-running dispute between him and the children's mother. The children, aged between eight and 13, had lived with their mother after...

Will Made During Lockdown Not Validly Executed, Court Rules

A will purported to have been made by an elderly woman during lockdown has been declared invalid because she had not signed it in the presence of two or more witnesses, as required by Section 9 of the Wills Act 1837 . The will was dated 25 April 2020,...

Homeowner's Application to Alter Register Succeeds

Where the record of a property's title at the Land Registry contains a mistake, Paragraph 5(a) of Schedule 4 of the Land Registration Act 2002 allows the register to be altered to correct it. The First-tier Tribunal (FTT) recently granted a homeowner's...

Court Refuses Wife's Application for Relief from Sanctions

It is essential to ensure that court orders are complied with during divorce proceedings. Recently, the Family Court refused a wife's application for relief from sanctions due to her failure to file and exchange her witness statement in accordance with a...

Taxpayer Who Alleged EIS Fraud Permitted to Appeal Late

The First-tier Tribunal (FTT) has come to the aid of a taxpayer who claimed that he had been a victim of fraud in relation to claims for Enterprise Investment Scheme (EIS) relief, granting permission for him to make a late appeal against assessments and...

High Court Upholds Challenge to Will on Grounds of Fraud

The High Court has upheld a woman's challenge to a will allegedly made by her late father, finding that the defendants had failed to establish on the balance of probabilities that it was genuine. The will had purportedly been executed in 2019, the year...

Observer Granted Order for Disclosure of Position Statements

In a guideline case, the Court of Protection has granted an application by an observer to a hearing for disclosure of the parties' position statements . The proceedings related to a patient who was suffering from a prolonged disorder of consciousness. The...

Wife Permitted to Amend Her Case to Rely on Conduct

In a case relating to the division of assets under a pre-nuptial agreement (PNA), the Family Court has ruled that a wife should be allowed to amend her case to formally plead conduct under Section 25(2)(g) of the Matrimonial Causes Act 1973 . It was common...

FTT Considers Whether Tenants Liable for Access Road Repairs

It is wise to seek legal advice before making an application to the First-tier Tribunal (FTT) for a determination of liability to pay service charges. Recently, the FTT was unable to rule conclusively on whether the tenants of two flats were liable to...
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