Legal News
- Adoption Only Justified If Nothing Else Will Do Adoption of children outside their natural families is always a last resort and will only be permitted if nothing else will do. The Court of Appeal made that point in coming to the aid of a couple whose son was taken from their care when he was just two...
- Dispute With Builder Leads to Costly Outcome for Homeowner If you are involved in a dispute with your builder, taking sound legal advice is by far the best means of ensuring that matters do not get out of hand. One householder who failed to take that sensible course found himself embroiled in costly legal...
- Court Breaks Impasse Between Warring Brothers in Farmland Dispute Co-ownership of land by family members can be intensely problematic if they do not see eye to eye as to the use to which it should be put. A High Court case on point focused on a naturalist's ambition to 'rewild' farmland he and his brother had jointly...
- Still Time to Stay Ahead of CGT Changes New rules surrounding the payment of Capital Gains Tax (CGT) on profits made on the sale of a residential property are now just weeks away. Taking effect on 6 April 2020, the changes will reduce the amount of time individuals have to pay their CGT bill and...
- High Court Backs Big Money Divorce Wife's Pursuit of Fraudulent Husband It is hardly surprising that confidential or privileged documents which have or may have been illegitimately obtained cannot be used in evidence. However, as the High Court made clear in the context of a big money divorce case , that rule does not apply...
- Letting Your Land Go to Rack and Ruin is an Invitation to Squatters Letting your land stand vacant, going to rack and ruin, inevitably carries the risk that a squatter will obtain title to it. A woman who inherited a small but strategic strip of land from her builder father came within an ace of suffering that fate. The...
- Court of Appeal Allows Will Dispute to Proceed There is a general principle that a person may leave their estate to anyone they wish, but legislation exists – the Inheritance (Provision for Family and Dependants) Act 1975 – to allow people dependent on a deceased person to claim against the...
- Government Issues Bailiff and Enforcement Officer Scam Warning The Government is warning people to be on alert for fraudsters posing as court bailiffs and enforcement officers on the telephone. After claiming to be County Court bailiffs, High Court Enforcement Officers (HCEOs) or Certificated Enforcement Agents (CEAs),...
- Couple Subjected to Race Discrimination By Adoption Agency Win Damages Race discrimination may not be intentional, but it can be deeply hurtful and, with the right legal advice, victims can both express their disgust and secure compensation. In a striking case on point , a Sikh couple who were rejected as potential adopters...
- Lack of Legal Advice Leads to Dispute Over Property Couples can sometimes be tempted to enter into property transactions together without taking legal advice, on the basis that the love and trust between them will last forever. However, a High Court ruling strikingly showed how misguided such assumptions can...
- Couple's Claim for CGT Loss on Holiday Home Succeeds HM Revenue and Customs (HMRC) may appear a very big battalion indeed but, with the right legal advice, individuals can succeed in overturning their decisions. Exactly that happened in a case concerning a couple who lost over £6 million in a disastrous...
- High Court Resolves Family Row Over Funeral Arrangements What exactly is a will? The High Court addressed that fundamental issue in resolving a bitter family dispute in respect of where a much-loved son and husband should be buried. Following the man's death from cancer, his mother insisted that he should be...
- Adoption is Always a Last Resort - Troubled Mum Achieves Redemption One of the hardest tasks that family judges have to undertake is to remove children from the care of parents who are incapable of looking after them. However, as one case showed , adoption of children outside their natural families is only ever a last...
- Family's Informal Occupation of Farmhouse Triggers High Court Dispute Allowing people to occupy your property on the basis of a handshake is an invitation to misunderstandings and costly dispute. The point was proved by a case in which the trustee of an agricultural estate found himself in court after he informally permitted a...
- Buyer of Crash-Damaged Ferrari Awarded His Money Back By Judge If you have been deceived by a salesman into paying too much for dodgy goods, you should see a lawyer right away. The disappointed buyer of a crash-damaged Ferrari sports car who did just that was awarded his money back by a judge. The buyer was attracted...
- Off-Plan Flat Buyer Wins Full CGT Relief in Test Case Can a purchaser of a property be said to 'own' it after contracts are exchanged but before the transaction is completed? The Court of Appeal's answer to that fundamental question delivered a substantial Capital Gains Tax (CGT) saving to an off-plan flat...
- Promises, Promises - Always Get a Lawyer to Put Them in Writing! The trouble with informally agreeing with your loved ones what is to happen to your assets after you are gone is that you may not have considered all eventualities, and disputes can arise as to what has and has not been promised. Exactly that lay at the root...
- Family Judge Blocks Attempt at Divorce Tourism in Big Money Case English judges are respected around the world – but they are not the sole arbiters of fairness and the decisions of foreign courts must be respected. A family judge made that point in shutting the door on divorce tourism and refusing a Russian...
- Trouble With the Neighbours? See a Lawyer Before It Gets Out of Hand! One secret of a happy life is to get on well with your neighbours and taking legal advice is often the best way of defusing rows before they get out of hand. The point was resoundingly made by a case in which escalating boundary and right of way disputes...
- Cryptoassets Are Property - Judicial Authority The legal position of 'cryptoassets' – those which exist in electronic form and are held on distributed ledgers, bitcoins being the best-known example – has not been certain in the past. However, a recent legal statement by the Chancellor of the...