Millions of people who invest their pension pots in annuities can ultimately rely on the law to guarantee their financial security. In a case on point, the High Court overruled financial regulators and refused to sanction the transfer of about 370,000...
In a case illustrating the importance of candour regarding financial circumstances in divorce proceedings, a husband who failed to disclose the true extent of his wealth to family judges was subsequently ordered to pay his ex-wife a seven-figure lump sum,...
In a recent property case that will have a bearing on all contractual matters, the High Court ruled that a footer automatically appended to an email amounted to a legal signature and led to a contract for the sale of land being formed. A couple who owned...
New homes built in the grounds of existing residences make a valuable contribution to meeting burgeoning housing demand. However, as a decision of the First-tier Tribunal (FTT) showed , restrictions lurking in antique title deeds can stand in the way of...
Shareholder disagreements as to the direction a company should take are generally fought out behind closed doors. However, as a High Court case concerning the future of a troubled pharmaceuticals company showed, judges are always there to act as umpires...
If a loved one upon whom you depend financially fails to make reasonable provision for you in his or her will, judges have the power to put that right. However, there are time limits that apply to such proceedings and that is why it is vital to consult a...
Record employment levels mean strong demand for office space, but the need for more new homes is perhaps even more pressing. A case concerning proposals to convert an office block into 114 flats highlighted the difficulty of balancing those requirements. ...
Family judges are always absolutely focused on the welfare of children and will not shrink from grasping nettles to give them the best chance of leading fulfilled and happy lives. That was certainly so in one case in which a judge ordered that a baby boy be...
Responses to a report from the Civil Justice Council (CJC) setting out proposed measures to better support and protect vulnerable witnesses and parties in civil proceedings are due to be considered following public consultation. The CJC wants to ensure 'a...
Trust deeds can be an effective means of managing family wealth and minimising tax liabilities but, as a High Court decision strikingly showed , any mistakes in their drafting can have serious repercussions for generations to come. The case concerned a...
It may seem obvious that no one can own a wild animal. However, in a novel case of interest to property professionals – and anglers – the High Court has ruled that there are nevertheless property rights in wild fish held in captivity in a...
Flat tenants in certain circumstances have the right to band together and acquire the freehold of the blocks in which they live. However, as a High Court decision showed , the process of doing so is replete with legal pitfalls and those who fail to take...
Public confidence in the civil justice system would collapse if court orders were not rigorously enforced – however agonising complying with them may be. The point was made by a case in which a divorcee who refused to move out of her home of 25 years...
When a property development involving a building that is listed or in a conservation area is undertaken, it is reasonable for the contractor employed to do the work to assume that the employer has used due diligence to obtain the necessary planning consents....
The whole purpose of the civil justice system is to achieve just and final resolution of frequently intractable disputes – and, as a guideline Court of Appeal decision in an inheritance case made plain, that includes saving litigants from themselves...
When you enter into a contract, you are agreeing to be bound by what it says, not by what you think it means. Only rarely, such as when the meaning would make no commercial sense, will the court substitute its own view of the meaning of the contract if the...
It may come as a surprise to many that local authorities are under no statutory obligation to give reasons for their planning decisions. However, as a High Court case concerning a residential development showed , a lack of explanation can render such...
Surprisingly, nearly 250,000 people go missing in the UK every year. Leaving aside the heartache and worry this causes, until recent changes in the law it also created an appalling position for family members trying to deal with the affairs of the person who...
Cohabiting couples are the fastest-growing family type in the UK, according to newly released figures from the Office of National Statistics (ONS). The ONS reports that the number of cohabiting couple families continues to grow faster than the number of...
It is in the nature of litigation that the losing party frequently feels that the judge was wrong and the outcome unjust. However, a case in which a householder repeatedly lost his liberty , and ultimately his home, due to his defiance of court orders shows...
The consequences of a company being struck off the Companies House register – even temporarily for nothing more than an administrative failure – can be catastrophic. In a case on point, a company that suffered that fate sacrificed the profits it...
A lasting power of attorney (LPA) is a document that may be used so that the finances or other issues of a person who cannot deal with them themselves may be attended to by a trusted third party – normally a solicitor or a family member. When an LPA...
When a farmer dies, close relatives are in certain circumstances entitled to succeed to any agricultural tenancies he or she held. However, strict time limits and other procedural rules apply to the exercise of that right, which is why bereavement should not...
Very rich people often live jet set lifestyles of ceaseless travel, so pinning down the country in which they are domiciled can be a serious challenge. The High Court faced exactly that difficulty in a case concerning the acrimonious breakdown of a...
A recent case decided by the Scottish Courts shows the wisdom of not making irrevocable decisions that you may later come to regret. It involved a woman who gifted her house to her daughter and son-in-law, retaining a tenancy for life over the property....
