Latest News

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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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Owning a long leasehold, particularly one in a block of flats or which is part of a larger development, can be very different from owning a freehold. Typically the obligations of tenants are more proscriptive, being based on an acknowledgement that parts of...
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When accidents cause damage or injury and the responsible driver is uninsured, a claim can be made to the Motor Insurers' Bureau (MIB), an organisation financed by motor insurers with the intention of compensating those who have been involved in accidents...
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In the Internet era, it is wholly acceptable to use Facebook or other social media to make contact with those who have to be notified of family proceedings. The High Court made that point after being forced to abandon an adoption hearing due to a failure...
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Disputes about the validity of wills frequently centre on allegations that the deceased lacked 'mental capacity' when they created a will. In a recent case, the court had to consider whether a man who died less than two months after writing a will was...
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Disturbance can take many forms and noise is just one of them. Planners made that point in heeding the concerns of residents of a quiet cul-de-sac and scotching plans for a 30-flat supported living development on the edge of a seaside town. The would-be...
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On the rare occasion that a professional adviser makes a mistake or behaves improperly, clients should be able to be confident of being compensated in full. A recent case shows how a client's potential loss at the hands of identity fraudsters was met by...
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A person who voluntarily prioritises their marriage over their working life may not be entitled to compensation for the earnings foregone if their relationship ends in divorce. The Court of Appeal made that point in ruling on the case of a former headteacher...
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Where there is money, there is opportunity for wrongdoing and a steady stream of cases show that vigilance is needed to prevent the assets of the deceased or elderly being misappropriated. In one case, three cleaners of a deceased South Wales man claimed to...
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As a recent case shows , whilst there is legislation which, in certain circumstances, allows leaseholders to obtain the right to manage the buildings they occupy, the process is replete with traps and it makes sense to proceed in such cases only with the...
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In general, there is a presumption that on divorce the assets will be split more or less equally, but that is based on case law interpretation of the Matrimonial Causes Act 1973 , not statute. Currently, a Bill in the House of Lords (the Divorce (Financial...
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Will disputes can be extremely bitter and the kind of skulduggery depicted in fiction sadly sometimes reflects reality. In one case, the High Court found that a well-respected accountant had forged his mother's will in order to gain control of business...
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The Government has acknowledged that the upcoming general election makes it unlikely that probate fees will increase significantly in May as planned, as there will not be time for Parliament to pass the legislation. The planned changes to the fees payable...
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The need for charities to exercise strict controls over the disbursement of significant sums was made clear in a recent report by the Charity Commissioners into a small charity. The charity, which operated to promote active sports among the disabled,...
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Boundary disputes are commonplace and, unless skilfully mediated, can often spiral out of control, ending up in legal action the cost of which far exceeds the value of the land under dispute. One of the more important principles in such disputes is often a...
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When the marriage of a wealthy couple broke up, the English court had the opportunity to consider the impact of two pre-nuptial agreements the couple had made before they wed. The couple, both Swedes, married in 2000 and had had two children by the time...
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The latest research from National Savings and Investments shows that a staggering 64 per cent of adults in the UK have not made a will, and that 38 million adults have made no arrangements for their retirement or provision for long-term care, although half...
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The Supreme Court has ruled on the long-running dispute between First Bus and a disabled passenger who sued the bus company after a driver declined to intervene when a passenger occupying the wheelchair space refused to move. The disabled passenger, who...
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The standard pre-contract enquiries made by a solicitor when a client is intending to purchase a property include querying whether there are any disputes which may affect the value of the property being purchased. When a woman bought a flat in a block of...
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One of the most important roles played by judges is to protect individuals against unlawful treatment by the state. In one unique example, the High Court came to the aid of a couple who found themselves caught in a legal nightmare after their twins were...