The Court of Appeal has confirmed that, when ruling on an appeal against an improvement notice served under Part 1 of the Housing Act 2004 , the First-tier Tribunal (FTT) should consider how matters were at the date of service, rather than at the date of...
The Family Court has dismissed a woman's application to stay divorce and financial remedy proceedings , finding that she had not demonstrated that it would be more appropriate to litigate the issues in Florida. She had met another woman in Switzerland in...
When ruling on the interpretation of a contractual agreement, the courts' primary focus is on the wording of the agreement itself. Recently, a man who had sold a company successfully applied to the High Court for summary judgment by way of declarations as...
A husband and wife who abused their positions as attorneys of the husband's elderly parents have been sentenced to six years in prison and ordered to return the money they stole. The couple had made over 100 transfers from the husband's parents' bank...
The Upper Tribunal (UT) has modified a restrictive covenant to allow a couple to run a bed and breakfast business from their home. The couple owned a two-storey, four-bedroom house. In 2023 they had started running a B&B, having created two en-suite...
The Court of Appeal has allowed a mother's appeal against the High Court's refusal to set aside or stay an order for the return of her son to Texas. The boy's father was an Indian national who lived in the USA. He and the boy's mother had met in 2023 and...
The High Court has rejected a claim by a clothing designer's partner for financial provision from his estate , finding that it had not been demonstrated that they had lived together as a married couple for the required period of two years before the...
The Upper Tribunal (UT) has rejected a claim by the owners of a property that their compensation for the grant of a wayleave authorising the retention of electricity lines over their land should include a share in savings achieved by avoiding more costly...
Lasting Powers of Attorney (LPAs) were introduced in 2007 by the Mental Capacity Act 2005 , replacing Enduring Powers of Attorney. A power of attorney allows someone else to make decisions on your behalf or help you make decisions if you lack the capacity...
The Court of Appeal has allowed an investment company's appeal against the striking out of an unfair prejudice petition , finding that the claim should proceed to trial. The investment company, which held investments on behalf of a South African group, had...
The First-tier Tribunal (FTT) has granted a couple's application to register a right of way over a small triangle of land belonging to a neighbouring property owner, finding that they and their tenants had crossed it as of right for at least 20 years. The...
The Family Court recently made a parental order in the names of both parents of twins born via surrogacy, despite their father having died before their birth. The mother and father had been in a relationship for several years before marrying. Their first...
Under Section 72 of the Commonhold and Leasehold Reform Act 2002 , the right to manage can only be acquired if the premises consist of a self-contained building or part of a building. Section 72(3) specifies that for a part of a building to be...
On 13 July 2026, the fee charged when applying for probate increased significantly, from £300 to £526. The fee applies where the value of the estate is more than £5,000. There is no fee for estates of £5,000 or less. If probate has...
Purchasers of businesses would be well advised to ensure that their agreement with the seller protects them against any failure to disclose information that may affect the business's value. Recently, the High Court rejected a claim for breach of warranty ...
Under Paragraph 5(a) of Schedule 4 to the Land Registration Act 2002 , the Land Register may be altered for the purpose of correcting a mistake. Recently, the First-tier Tribunal (FTT) granted an application for alteration of the Register by a woman who...
The Family Court has concluded that it had no jurisdiction to hear a man's application for an order for sale of the former matrimonial home following his ex-wife's death, finding that personal rights and obligations arising under the Matrimonial Causes Act...
Seeking redress for defamatory statements can often be complex, but it is certainly not impossible. Recently, a woman succeeded in obtaining damages from a journalist who had misrepresented what she had said in an interview with him, as well as from an...
Imprecise drafting in a will is a recipe for litigation and dispute later on. A recent High Court decision on the interpretation of an ambiguous clause in a man's will illustrates the kinds of issues that can arise. The man had made a will in 2007 leaving...
Businesses whose premises are compulsorily acquired are entitled to compensation for loss of profits and any reduction in the value of the business, as well as the value of the premises themselves. Recently, the Upper Tribunal (UT) found that compensation...
Under Section 58(5) of the Family Law Act 1986 , the courts cannot make a declaration that a marriage was void at its inception. That recently proved fatal to an application for a declaration as to marital status by a husband who had undergone a marriage...
The Companies Act 2006 gives the courts a range of powers to assist shareholders who have been unfairly prejudiced by the way a company they hold shares in has been run. Recently, the High Court found that a man had suffered unfair prejudice after he was...
When applying for a boundary determination, it is crucial to gather as much evidence as you can in support of your application. Recently, a couple's application for a determination of part of the boundary between their home and neighbouring land was...
When deciding what is in the best interests of a patient who lacks capacity, the courts will take into account any wishes and feelings the patient has previously expressed but will consider them in the context of all the evidence. Recently, the Court of...
The law affords people a high degree of testamentary freedom, and those seeking reasonable financial provision from an estate must satisfy the courts that it was unreasonable that adequate provision was not made for them. Recently, the High Court ruled that...
