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Breaking the Deadlock of Competing Divorce Petitions at Home and Abroad

When married British couples separate whilst living overseas, it is quite common for competing divorce petitions to be issued both in England and abroad. A High Court ruling provided a useful illustration of the judicial approach to jurisdictional issues ...

Making a Will? You Mustn't Forget Your Family and Financial Dependants

When making your will, you may, for one reason or another, choose to distribute your estate unevenly between your loved ones. However, as a High Court ruling showed , you are under an overriding duty to make reasonable provision for members of your family...

Religious Leader's Employment Contract 'Was Illegally Performed'

Those who seek the protection of the law with metaphorical dirty hands are likely to receive short shrift. An Employment Tribunal (ET) powerfully made that point in the case of a religious leader who had engaged in tax evasion. The man launched...

The Validity of a Pre-Nuptial Agreement Often Depends on Top-Quality Legal Advice

Pre-nuptial agreements (PNAs) which are not entered into freely or which have unfair results will generally not be worth the paper they are written on. However, as a High Court case showed, judges are far more likely to treat them as valid if they are signed...

Neighbours' Disputes - Negotiate Now or Pay a High Price Later

Many neighbours' disputes may, at least to an outsider, appear trifling. However, as a High Court ruling showed , they matter very much to those involved and, in the absence of amicable negotiation, they can very easily become ruinously expensive. A...

You Are Duty-Bound Reasonably to Provide for Your Dependants in Your Will

Making reasonable provision in your will for those who depend upon you financially is a duty, not a choice. A judge made that point in coming to the aid of two sisters who were left in acute need when their father bequeathed them nothing. In a will made...

Tax Residency - Australian Entrepreneur Challenges Million-Pound CGT Bill

The belief that you cease to be a UK resident for tax purposes simply by staying out of the country for a certain number of days is a common fallacy. As a TV personality, entrepreneur and property investor found out to his cost, the legal test is very much...

Adopted Pensioner's Quest to Find Her Birth Parents Finally Bears Legal Fruit

Many adopted people feel driven to embark on long and demanding quests to find their birth parents. In one case, decades of painstaking research paid off when a woman in her late 70s was granted a court order that completed her sense of identity . The...

You Don't Have to Put Up With Online Harassment

In an era of easy, internet-based mass communication, reputations can, without a shred of justification, be destroyed at the click of a button. As a High Court case showed, however, victims of such behaviour can, with expert legal assistance, achieve both...

This Is Why You Should Make a Will Whilst You're Still Hale and Hearty

There are all sorts of good reasons why you should instruct a solicitor to draft your will whilst you are still hale and hearty. As a High Court case showed , waiting until you are old and vulnerable before performing that vital task is to positively invite...

Stamp Duty Land Tax - When is a Property Unsuitable for Use as a Dwelling?

A newly purchased house may require a great deal of renovation and repair work to render it habitable – but does that mean it is unsuitable for use as a dwelling for the purposes of Stamp Duty Land Tax (SDLT)? A tribunal considered that issue in a...

Ex-Couple Spend an 'Absurd' £5 Million Plus Litigating About Their Child

Disputes between separated couples as to how their children should be provided for can, in the absence of compromise, sadly reach epic proportions. That was certainly so in one extraordinary case in which a couple spent over £5 million between them ...

High Court Ruling Underlines the Pitfalls of Making 'Inflexible' Mutual Wills

It is legally possible for couples to make mutual wills by which each binds the other not to alter their bequests at any point in the future, save by mutual agreement. As a High Court ruling showed , however, the inherent inflexibility of such arrangements...

Setting Up Business in a Garden Outhouse? Make Sure You Read This First

One of the social effects of the COVID-19 pandemic was the creation of a fashion for householders to operate businesses from outhouses in their gardens. However, an important tribunal ruling underlined the legal hazards of such a course . In response to...

Need Help with Your Tax Affairs? Choose Your Advisers Carefully

Many people who have little understanding of the tax system sensibly seek help from those with greater expertise. However, a case that exposed an apparent loophole in HM Revenue and Customs' (HMRC's) systems showed how important it is to choose your advisers...

Mental Capacity and Divorce - High Court Ends 'Empty Husk' Marriage

Only those with the mental capacity to make important decisions for themselves can consent to marriage – or divorce. However, as a High Court ruling made plain , it is in no one's best interests for the law to maintain a marriage that has become no...

Disappointed Polar Cruise Couple Triumph in Breach of Contract Claim

Almost everyone has returned from a holiday feeling deeply disappointed, but a right to compensation by no means necessarily follows. However, in one case, a couple whose £20,000 polar cruise fell sadly short of their expectations successfully took a...

Want to Keep Your Will a Secret? High Court Ruling Underlines the Pitfalls

Tensions simmer within many families and, when making your will, you may wish to keep its contents secret from your loved ones so as to avoid feeding the fire. As a High Court case showed , however, that makes it all the more vital to engage a solicitor to...

Can Managing Your Personal Share Portfolio be a Trade for Tax Purposes?

With widely differing degrees of success, many enthusiastic investors buy and sell shares on their own account in the hope of boosting their incomes – but can such activities be viewed as a 'trade' for tax purposes? The First-tier Tribunal (FTT)...

What Can a Family Judge Do When Faced With a Parent's Absolute Defiance?

In cases where even a succession of stiff prison sentences has failed to bring about compliance with court orders, what is a judge to do? A family judge faced exactly that quandary in the case of a father who defiantly refused to cooperate in arranging the...
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