In a recent ruling on a wife's application for a financial remedy order , the Family Court accepted that her caring responsibilities for the couple's son justified a departure from the sharing principle. The Court handed down its judgment as an indication...
A man who illegally acted as a company director while bankrupt has been handed a suspended sentence. He had been declared bankrupt in October 2021. However, investigations by the Insolvency Service revealed that he had operated as a director of four...
The law affords testators a high degree of freedom to pass on their estates to whomever they wish, and the fact that the terms of a will may seem unfair to relatives is not enough to successfully challenge it. This point was illustrated by a recent case in...
The courts are alert to the risk of divorcing couples being less than honest about their assets and liabilities in financial remedy proceedings. Recently, the Family Court rejected a husband's assertion that he owed £1.6 million to a company owned by...
The Court of Appeal has allowed a local planning authority's appeal against an award of costs made against it by the Secretary of State for Housing, Communities and Local Government after it withdrew its support for a planning application. A developer had...
Under Section 21 of the Housing Act 1988 , landlords may evict tenants who have an assured shorthold tenancy which is a periodic tenancy or a fixed-term tenancy that has expired by giving at least two months' notice. However, a Section 21 notice cannot be...
A woman who was subjected to defamatory posts on Facebook has succeeded in having them removed after taking legal advice. The woman and her husband had started to feed and look after a cat that had been coming into her garden. The cat subsequently...
The Family Court recently granted a local authority permission to withdraw an application for a care order in respect of a two-year-old girl, after the local authority concluded that, in the light of the medical evidence, it would not be able to meet the...
When seeking investment, businesses should ensure that any information a prospective investor might rely on when deciding to invest is accurate. Recently, the Court of Appeal dismissed a company director's appeal against an award of damages to two...
People have a great level of freedom to leave their estates as they choose and disappointed relatives must overcome a high hurdle to successfully challenge a will. Recently, the daughter of a woman who made a will leaving her entire estate to one of her sons...
A guide to issues relating to property boundaries is available on the government's website. The guide notes that, in England and Wales, there is usually no record of the exact boundary between two properties or the ownership of boundary features between...
The Family Court has rejected a husband's application to set aside a financial remedy order made in his absence after he ceased to participate in the final hearing. The husband and wife had separated in 2022 after 15 years of marriage. On the first day of...
The Upper Tribunal (UT) recently set aside a decision of the First-tier Tribunal (FTT) upholding prohibition orders in respect of 15 flats, finding that the FTT had erred in accepting the local authority's calculation of the risk posed by the lack of space...
The best way to minimise the risk of a successful challenge to your will is to have it drawn up by a qualified solicitor. Recently, a woman's challenge to her elderly father's final will was rejected by the High Court . The man had made the will in March...
A recent High Court decision concerning whether a man and woman who planned to open a hotel in France were in partnership illustrates the wisdom of formally documenting agreements to set up in business and of taking appropriate legal advice. In June 2018,...
When patients lack capacity to decide whether to undergo medical treatment, the Court of Protection is often called upon to decide what is in their best interests. Recently, the Court ruled that it was in the best interests of a young man to undergo surgery...
The High Court has refused a mother's application for her five-year-old daughter's return to Dubai , instead granting an application by the girl's father for her to remain in England. The mother and father had married in 2019 and moved to Dubai, where the...
The Upper Tribunal (UT) has granted a landowner's application to modify a restrictive covenant to allow a small bungalow to be constructed in place of a workshop. The landowner had sold land near his house to a local developer in 1999. The developer built...
The Court of Appeal has dismissed an appeal against the High Court's rejection of a challenge to a grant of planning permission for an energy recovery facility, finding that the Secretary of State for Housing, Communities and Local Government had complied...
The manager of a care home has been sentenced to five and a half years in prison for forging the will of an elderly woman who lived in the home. The woman had moved into the home in 2020 after becoming ill. She was described by the judge as 'particularly...
Under Schedule 1 of the Children Act 1989 , an unmarried parent can apply for financial provision for their child from the other parent. The Family Court recently granted a mother's application for interim relief in Schedule 1 proceedings, ordering the...
The Upper Tribunal (UT) has allowed a landowner's appeal against the rejection of his application to be registered as the proprietor of a parcel of land on the basis of adverse possession. The landowner and the owner of adjoining land both carried on...
The High Court has rejected a son's claim that he was entitled to inherit his father's farm based on promises his father had made during his lifetime. The son's claim that his father's last two wills were invalid was also rejected. The father had died in...
The Information Commissioner's Office (ICO) have fined a self-employed lead generator £200,000 for sending unsolicited text messages regarding debt reduction schemes and energy saving grants. The lead generator had previously come to the ICO's...
When deciding what is in the best interests of a patient who lacks capacity to make decisions about their care, the courts will take into account any wishes and feelings the patient has previously expressed, as well as the medical evidence. Recently, the ...
