The first step in proving negligence is to establish the existence of a duty of care. A High Court case in which a firm of architects was cleared of liability in respect of a catastrophic fire provided a prime example of that principle in operation. An...
How, if at all, is the duty of local authorities to allow children in their care reasonable contact with their parents affected by social distancing rules arising from the COVID-19 pandemic? The Court of Appeal confronted that issue in a guideline case . ...
Amidst widespread homelessness, owners of investment properties who allow them to stand empty for extended periods can find themselves on the receiving end of compulsory purchase orders (CPOs). Exactly that happened in a case concerning a desirable...
As international airline passengers lounge comfortably in their seats, the last thing on their minds may be the legal system that applies to the aircraft at any one time as it passes through the airspace of one nation after another. That question was,...
The whole point of engaging a professional to draft your will is to make your wishes clear in precise and unambiguous terms. If your will falls below that high standard the result, as a High Court ruling showed , can be family stalemate after you are gone. ...
When long-term relationships between unmarried couples break down, disentangling their property and financial affairs can be challenging, particularly where children are involved. As one case showed, however, a clean break is often the best option for all...
Where local authorities choose not to follow the advice of their professional planning officers, the resulting decisions are likely to come under particularly close judicial scrutiny. That was certainly so in one case concerning a proposed development which...
If you object to a planning decision, an expert lawyer will ensure that your voice is heard loud and clear. In one case, a woman succeeded in overturning planning permission for the construction of 18 holiday lodges close to her rural home. The local...
Where free markets fail to operate, individual consumers are bound to suffer. The lengths to which regulators will go in stamping out anti-competitive conduct, even at a local level, was underlined by a High Court case concerning a cartel between estate...
Amidst ever-rising property prices, it can make good sense for friends or relatives to club together to buy a home where they can all live together. As a High Court ruling showed , however, the continuing harmony in human relationships upon which such...
The severe disruption to the legal process wrought by the COVID-19 pandemic has prompted judges to take a practical approach and, in some cases, to waive strict compliance with procedural rules. The High Court did just that in enabling a local authority to...
Investing in property development projects is definitely not for the faint-hearted but, if things go wrong, professionals will help you to recoup as much of your money as possible. A case on point concerned about £7 million invested in a student flats...
Adopting children from abroad can complete families and be of great benefit to all concerned. However, as a High Court case showed, it is fraught with legal pitfalls and should not be attempted without first taking specialist legal advice. The case...
Investing in property is very far from being risk free but usually has the advantage that monies advanced are secured against real 'bricks and mortar' assets. The crucial importance of ensuring that enforceable security is in place before parting with your...
In a welcome development for thousands of small businesses, the High Court has ruled that losses arising from the COVID-19 pandemic are covered by certain business interruption insurance policies. Many businesses have claimed on their business...
Speedy and cost-effective dispute resolution is the primary aspiration of the contract adjudication regime – but to what extent can that be fairly achieved during the COVID-19 pandemic? The High Court confronted that issue in a guideline case . A...
Family disputes frequently focus on inheritance and can inflict immense anxiety and pain on all concerned. A case concerning a young man who died tragically when he stepped in front of a train, however, showed that the best way to avoid such conflict is to...
Disputes concerning major construction projects can simmer on for years after they are completed and one of the great advantages of litigation is that it offers finality. In one case, the High Court achieved that end by awarding more than £1 million...
Adopting children from overseas is fraught with legal pitfalls and those who attempt to do so without first taking expert advice expose themselves to heartbreak. In one case, however, the High Court came to the aid of a British woman who adopted a little...
Home renovations are a notoriously frequent source of dispute and, if you feel that you have been let down by a builder, you should consult a solicitor straight away. In a case on point, a householder won a £200,000 asset freezing order against a...
Concerns that small shareholders are the victims of a deficit in corporate democracy, having little influence over the direction taken by the companies in which they invest, were highlighted by a High Court case concerning a troubled mining company. Tens of...
Home-made wills may save you a few pounds in the short term, but dispensing with legal advice greatly increases the risk of painful disputes arising after you are gone. That was certainly so in the case of a desperately ill man who left the whole of his...
Social media posts fired off in anger can have grave legal consequences even if they are swiftly taken down. In an extreme case on point, a man who revealed his niece's history of mental illness and self-harm to the world online was ordered to pay her...
Planning decisions can radically affect people's lives and livelihoods and that is why they have to be taken openly and transparently. The High Court made that point in overturning planning permission granted for a major redevelopment in a creative...
It is not only in the realms of fiction that lovers choose to marry in secret, away from the gaze of their disapproving families. A highly unusual High Court case , however, showed the legal difficulties that can arise from such arrangements. The case...
