Legal News
- High Court Uncovers Blatant Forgery as Will Dispute Tears Family Apart If an elderly man had listened to his solicitor's repeated advice to make a will, his children would have avoided a sea of trouble after his death. His failure to do so resulted in a bitter High Court dispute and a judge's finding that one of his daughters...
- Renting Out Your Home on AirBnB Without Legal Advice is a Grave Mistake Many tenants who forego legal advice before subletting their homes to tourists and other short-term visitors do so in blissful ignorance that they may well be breaching the terms of their leases. That was certainly so in the case of a flat dweller whose use...
- Given a Raw Deal by a Divorce Judge? Don't Just Sit on Your Hands Many divorcees feel that judges have given them a raw deal when dividing up marital assets. They may or may not be right about that but, as one case strikingly showed , it makes much better sense for them to seek swift professional advice than to sit on...
- COVID-19 - Ruling Underlines Desperate Impact on Care Home Residents Amidst the COVID-19 pandemic, it is becoming increasingly hard to see where the balance of harm lies between the risk of exposing care home residents to a life-threatening virus and compromising their most basic quality of life. The Court of Protection made...
- Caring Restaurateur Relieved of £60,000 Tax Return Late Filing Penalties Those who deliberately delay filing their tax returns risk incurring severe financial penalties. However, the tax regime leaves room for mercy and, in relieving a hard-pressed restaurateur of more than £60,000 in penalties , the First-tier Tribunal...
- Is Your Water Supply Sourced from a Neighbour's Land? Do You Know Your Rights? Many rural homes obtain their supplies of fresh water from sources which lie beyond their boundaries and such arrangements can sadly prove fertile ground for dispute. A case in which a farmer and his niece were at odds over water rights showed the wisdom...
- COVID-19 - Troubled Mother Permitted Skin-to-Skin Contact with Her Baby Contact arrangements between children in care and their parents often raise vexed issues, but all the more so during the COVID-19 pandemic. In a case concerning a mother who was denied skin-to-skin contact with her newborn baby, however, the High Court bent...
- Making a Will? Appointing a Professional Executor Can Save Strife and Money The trouble with appointing loved ones as executors of your will is that they are likely to be grief-stricken and there can be no guarantee that they will get on. A High Court decision showed that appointing a professional to perform the task is often the...
- Capital Gains Tax - Couple Triumph in 'Principal Private Residence' Appeal Home is where the heart is and the question of whether a property is your principal private residence for Capital Gains Tax (CGT) purposes depends, at least in part, on your intentions. An instructive case on point concerned a couple who made a house their...
- Emergency COVID-19 Legislation - Judges Crack the Democratic Whip Wide-ranging legislative changes that would normally require months, even years, of consultation were rushed through in a matter of days in response to the COVID-19 pandemic. A Court of Appeal ruling in a landmark case concerning emergency changes to the...
- Clubbing Together with a Friend to Buy a Home? See a Lawyer First It makes sense for friends to club together so that they can buy properties they would be unable to afford by themselves. However, a cautionary High Court ruling showed that such arrangements are only wise if lawyers are consulted so that all concerned...
- Legacies and Entitlement to Means-Tested Benefits - High Court Ruling When making a will, most people would wish to provide for loved ones in need. As a High Court case showed , however, means testing of many state benefits creates a very real risk of such good intentions coming to nought and that is one very good reason why...
- Parents Who Simply Cannot Cope Don't Deserve Condemnation Through no fault of their own, some parents are simply incapable of providing the care and stability that all children need whilst growing up. As one case showed , however, the approach of family judges is not to condemn but to seek solutions that enable...
- High Court Acts to Free Mentally Ill Woman from Corrosive Relationship Family lawyers work hand in hand with local authorities and medical professionals to protect vulnerable people from the controlling and coercive behaviour of others. In a striking case on point, the High Court authorised effective steps to be taken to free...
- Couple Overturn Capital Gains Tax Demands Raised on Sale of Their Home HM Revenue and Customs (HMRC) are big battalions by anyone's standards, but their word is not law and, with expert legal assistance, they can sometimes be proved wrong. In one case, a couple succeeded in overturning six-figure Capital Gains Tax (CGT)...
- Thwarted by Planners? Persistence and Legal Advice Can Still Win the Day Obtaining authorisation for construction projects can be extremely demanding, but a combination of persistence and the right legal advice will often win the day. In a case on point, a householder whose hopes of building a garden room were time and again...
- Trust and Estate Numbers Dip for Fifth Consecutive Year HM Revenue and Customs have reported a decline in the number of trusts and estates in the UK for the fifth year in a row. Between 2018 and 2019, the total number of trusts and estates in the UK fell by 2 per cent to 151,000. The wealth management vehicles...
- Divorce and the Increasing Use of Arbitration - Court of Appeal Test Case Amidst the COVID-19 pandemic it has become even more popular to seek resolution of financial issues arising from divorce via private arbitration rather than formal court proceedings – but to what extent are arbitration awards binding and enforceable?...
- Has Your Privacy Been Violated? You Don't Have to Put Up With It For many people there is almost nothing more painful than having their private affairs aired on the internet or in publicly available print. As a High Court decision showed , however, specialist lawyers know exactly how to deal with such intrusions. The...
- Saturation Diver Can Deduct Physical Fitness Expenses from Income Tax Self-employed people are only permitted to deduct from their Income Tax bills those expenses that are incurred 'wholly and exclusively' for the purposes of their trade or occupation. That is a very demanding test but, in a guideline case, it was passed by a...