Legal News
- Relationship Ended in Acrimony? A Defamation Claim May Not Be the Answer The acrimonious end of intimate relationships is sadly often marked by the making of wounding accusations. However, as a High Court case made plain , anyone involved in such personal disputes should think long and hard before resorting to defamation...
- Make a Professionally Drafted Will Before Time Catches Up With You It is a sad fact that many people lose their ability to make rational decisions in old age and that is why it is so vital to make a professionally drafted will before time catches up with you. The point was powerfully made by a High Court ruling . About...
- Commercial Property Investor Succeeds in CGT Appeal Losses incurred on the disposal of an asset can be set against future profits on other investments for Capital Gains Tax (CGT) purposes. As a First-tier Tribunal (FTT) ruling showed , however, behind that simple statement lie layers of complexity. The case...
- Requirement for Written Consent Waived in Unique Embryology Test Case In a unique decision arising from a woman's tragic death when pregnant with twins, the High Court gave posthumous effect to her longstanding wish to have a child by granting her bereaved husband permission to make use of an embryo stored in a fertility...
- Provisional Damages in Asbestos Claims - High Court Breaks Fresh Legal Ground Those in the early stages of asbestos-related illness often receive an initial award of damages on the basis that they can seek further compensation in the event that their condition deteriorates. In a ruling which broke new legal ground , the High Court...
- Land Compulsorily Purchased? You Are Entitled to Just Compensation If your land has been compulsorily purchased to make way for a public infrastructure project, you are entitled to full and fair compensation. Local authorities may be keen to pay as little as possible in such cases but, as an Upper Tribunal (UT) ruling...
- Highly Regarded Artist's Death Triggers Court Battle Over His Legacy When people die, it is the duty of the administrators of their estates to gather in their assets and distribute them to those entitled to inherit them. As a case concerning the contents of a deceased artist's flat showed , however, that task is by no means...
- Divorce - Financial Proceedings 'Fast Heading for Ritz Hotel Status' Justice that can be accessed only by the super-rich is not justice at all. A High Court judge made that point in noting that financial remedy proceedings in divorce cases are fast heading for Ritz Hotel status – affordable only by the well-heeled...
- Man's 'Debilitating Fear' of Filing a Tax Return Not a Reasonable Excuse There is such a thing as a reasonable excuse for failing to file your self-assessment tax return. However, in an unusual case, the First-tier Tribunal (FTT) ruled that a businessman's alleged debilitating fear of making a mistake in his return did not...
- Alternative Investments May Be Tempting But Professional Advice is Always Needed Alternative investments may offer attractive rates of return, but they should never be entered into without professional advice. A High Court case concerning numerous small investors who staked their life savings on the success of an ill-fated hotel...
- Own Property Abroad? It's All the More Vital to Make a Properly Drafted Will No one knows when death will come calling and it is equally a truism that, if you fail to make a professionally drafted will, you store up trouble for your loved ones after you are gone. As an unusual Family Court ruling showed, that is particularly so if...
- Riverside Boundary Dispute Focuses on Small-Scale Land Registry Plan Boundaries between properties are usually marked by a line on a small-scale Land Registry plan but they may be invisible on the ground. Precisely that difficulty was the root cause of a bitter dispute between owners of two riverside homes. The owners could...
- Adoption, Searching for Birth Parents and Rectification of Birth Certificates There can be few questions of greater importance than 'Who is my parent?'. A judge made that point in taking the unprecedented step of enabling rectification of an adopted woman's birth certificate to reflect the identity of her natural father. The...
- Self-Builders Achieve Landmark Victory in Capital Gains Tax Appeal In a ruling which will be greeted with joy by the growing community of self-builders , a couple who made a very handsome return on their 'Grand Designs'-style project have been relieved of a six-figure Capital Gains Tax (CGT) bill. The couple bought a plot...
- Make a Lasting Power of Attorney While You Still Have the Capacity to Do So Lasting powers of attorney (LPAs) enable thousands of vulnerable people to have their financial and other affairs managed by others whom they trust. However, as a High Court case showed , it is vital to remember that they can only be granted by those who...
- Intransigence in Divorce Proceedings Can Come at a Crushing Price In divorce proceedings, those who make overly ambitious financial claims or fail to enter into reasonable negotiations are highly likely to end up worse off. The point was powerfully made by a case in which a bitterly opposed former couple ran up more than...
- Non-UK Residency - Tribunal Relieves Taxpayer of £3 Million Tax Demand Claims to non-UK residency for tax purposes are a political and fiscal hot potato and HM Revenue and Customs (HMRC) are, to say the least, reluctant to accept them. In an exceptional case, however, the First-tier Tribunal (FTT) backed a hard-pressed...
- Saving a Few Pounds on a Home-Made Will May Come at a Frightful Cost There will always be some people who believe that making your own will represents a sensible economy. However, as a High Court ruling strikingly showed , saving the modest expense of having your will professionally drafted may come at a frightful emotional...
- Defamation - Anonymous Bloggers Are Not Beyond the Reach of the Law Vindictive bloggers who hide behind a cloak of anonymity may feel that they can use the internet to subject innocent people to abuse with complete impunity. However, in coming to the aid of an academic falsely accused of being a sexual predator, the High...
- Restrictive Covenant Derails Village Housing Development Freehold owners of land generally believe that, subject to planning permission, they can develop their properties in whatever way they wish. However, as a High Court ruling strikingly showed, that is by no means always the case. Two men wished to build...