Compensation has been obtained for the family of a 15-year-old boy who died after being hit by a drunk driver while he was cycling. The boy, described by his family as a beautiful, kind, thoughtful, funny and talented young man, was out cycling as his...
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When a party fails to disclose assets in divorce proceedings, the courts are entitled to draw appropriate inferences from the non-disclosure. This was demonstrated in a recent case in which the Family Court described the husband's conduct of the...
A factory worker who badly injured his ankle when a faulty machine suddenly activated has secured compensation from his employer. The worker was supervising the operation of a concrete press machine. After hearing a noise, he went to investigate and saw...
HM Revenue and Customs (HMRC) have been unsuccessful in their appeal against a decision that a dividend received by a man in the 2016/17 tax year was paid for Income Tax (IT) purposes in that year, even though another shareholder had received the dividend in...
A woman who was left just £1 when her stepfather passed away has failed in her challenge to the validity of his final will. The stepfather had formed a close friendship with a woman he had originally hired as a cleaner in 2011. They shared an interest...
Tenants who feel that excessive service charges are being demanded of them are not powerless and can challenge the reasonableness of their charges before the First-tier Tribunal (FTT). Recently, the tenants of two leasehold flats succeeded in achieving...
A motorcyclist who was seriously injured when a car pulled out in front of him has had his claim dismissed after the High Court found it to be fundamentally dishonest. The accident happened in 2018, when the man was 26 years old. He was riding his motorbike...
When a couple who have entered into a civil union relocate to another country, legal advice is essential to deal with any issues that may arise. Recently, a couple who had moved to the UK from France and were subsequently advised to dissolve their French...
A man has secured compensation after an accident while he was working in a restaurant left him with permanent damage to his sight. The man, who was 26 years old when the accident happened, was responsible for checking stock levels. He was dusting a shelf in...
The courts are often called upon to decide whether continued treatment is in the best interests of patients. Recently, the Court of Protection rejected an NHS trust's application for a declaration that it was not in a man's best interests to have a new...
Whether a taxpayer has a reasonable excuse for a failure to comply with their obligations depends on the circumstances in which the failure arose, including the taxpayer's experience and their situation at the time. Recently, a taxpayer obtained permission...
The Personal Injury Discount Rate (PIDR), which has recently increased in Scotland and Northern Ireland, is under review in England and Wales. The PIDR is used in serious personal injury cases where damages are paid as a lump sum but are intended to meet an...
In certain circumstances, a person who has unlawfully killed another is precluded from benefiting as a consequence of their death, a rule known as the forfeiture rule and defined in Section 1(1) of the Forfeiture Act 1982 . However, Section 2 of the Act...
An eight-figure settlement has been obtained for a boy who suffered life-changing brain damage after a lorry collided with the car he was travelling in. The boy was just 11 years old when the accident happened. As well as injuries to his face and chest, he...
When considering an application for the return of a child who has been removed from a country without a parent's consent, the courts' paramount concern will always be the best interests of the child. Recently, the High Court ruled that a young boy whose...
A man who slipped on a wet floor during a fitness class has been awarded damages of £8,000. The man was taking part in a circuit training session at a leisure centre and was running a lap of the hall when he slipped. He fractured his left wrist and...
The Upper Tribunal (UT) has upheld a homeowner's appeal against a decision that he had not acquired a right of way over part of a driveway belonging to one of his neighbours. The row of houses in which the man and his neighbour lived had originally been...
Court and tribunal hearings usually take place in public, as part of the principle of open justice. However, a judge can decide to hold a hearing in private if it is deemed necessary for the proper administration of justice. Recently, the Court of...
A man who fell down a flight of stairs in his apartment building after the lights went out has received compensation for the injuries he suffered. The man, who is in his 70s and had recently been widowed, was walking down the stairs from his apartment when...
The High Court recently upheld a claim that an elderly man's final will was invalid on the grounds that he lacked testamentary capacity. The man and his wife had made mirror wills in 1985. After their eldest son sadly died in 2007, they made new mirror...
The Family Court recently considered an application by the parents of a 15-year-old boy for authorisation to accept a gift of a share in a property on his behalf, in exercise of their parental responsibility. The boy's father owned a property in...
The Financial Conduct Authority (FCA) is proposing changes to the safeguarding regime that applies to payments and e-money firms, in order to better protect customers. Funds held by payments firms are not covered by the Financial Services Compensation...
A motorcyclist who was hit by a car at a junction has secured damages for the injuries he suffered. The 78-year-old man was riding his bike when a car failed to stop at a give way sign and pulled out in front of him. He braked and tried to swerve around the...
A tyre refurbishment company has been prosecuted by the Health and Safety Executive (HSE) after a worker was injured by a tyre buffing machine. The worker was drawn into the machine by his T-shirt as it was freewheeling to a stop. He came into contact with...
A homeowner has successfully argued before the Upper Tribunal (UT) that an application by the owner of adjoining land to modify a restrictive covenant should be refused . A small cottage had originally stood on the adjoining land, but had been badly...
When deciding whether it is in a patient's best interests to continue life-sustaining treatment, the courts will look to the patient's views and beliefs, where known, as well as the medical evidence. In a sad case concerning a 66-year-old man in a state of...
A woman who was injured when she slipped on a wet floor in a hotel room has secured compensation from the travel operator that provided her holiday. The accident happened on the day she was due to fly home after a package holiday in Morocco. She and her...
The High Court has recently ruled that a man is entitled to benefit under a family trust despite finding that he was not the biological child of the settlor. The trust had been set up by a businessman in 2003 and included as its beneficiaries 'the...
A girl who was hit by a car as she was starting her paper round has achieved a settlement for the life-changing injuries she suffered. The girl was just 14 when the accident happened. Her mother had dropped her off at a local shop to collect the newspapers....
A pre-nuptial agreement (PNA) will be taken into account when a couple divorces, as long as it has been freely entered into and it is fair to hold the parties to it. Recently, the Family Court was called upon to decide how the terms of a PNA affected the...
Individual taxpayers often rely on advisors to handle their tax affairs, but it is wise to make sure they are doing everything that needs to be done. In a recent case, a man whose accountant failed to file tax returns on his behalf was refused permission to...
When accidents at work lead to injuries which are relatively minor and heal within a short time, compensation may still be warranted. This point was illustrated by the case of a foundry worker who suffered a burn to his hand. He accident happened when he...
When prospective tenants are asked to pay a holding deposit, they should ensure that they disclose any information that might affect a landlord's decision whether to offer them a tenancy. Recently, the First-tier Tribunal (FTT) dealt with an application for...
Unmarried couples who hope to have children together via fertility treatment must comply with a number of requirements in order for both partners to be legally recognised as parents, but if a mistake is made in the documentation, the courts can often assist....
Determining responsibility for road traffic accidents can sometimes be complex. In ruling on two personal injury claims arising from an accident involving four cars, the High Court had to consider where liability for the accident lay. As a Volkswagen was...
The High Court has ruled that a businessman's final will, which left most of his estate to his two youngest children and largely disinherited his two eldest children, was invalid. The businessman had been diagnosed with a brain tumour in 2010. Before making...
A body responsible for managing a forest has been prosecuted by the Health and Safety Executive (HSE) after a husband and wife were struck by a tree that was being felled. The couple were walking their dog along a deer track in the forest. As the tree was...
A man recently succeeded in his argument that a property he had purchased consisted of two separate dwellings and therefore qualified for Multiple Dwellings Relief (MDR) from Stamp Duty Land Tax (SDLT). Although MDR was abolished earlier this year, it can...
A man who suffered permanent injury to his shoulder when he fell through an opening in a mezzanine floor has obtained damages from his employer. The man had been cleaning the booth of a crushing machine, used to loosen large amounts of waste material, and...
In cases of serious injury or disability, judges may be called upon to make difficult decisions about whether it is in the patient's best interests to continue life-sustaining treatment. A tragic High Court case concerning a severely disabled four-year-old...
When couples divorce, the courts will take pre-marital agreements (PMAs) into account but will also consider the needs of each spouse. This principle was demonstrated recently in financial remedy proceedings before the Family Court. The couple had signed...
A motorcyclist who suffered life-changing injuries when he collided with a car has succeeded in his claim of liability against the car's driver. The motorcyclist, then aged 55, collided with the back of the car, which also struck a car in front of it. There...
A woman and her ex-husband who allegedly lost substantial funds belonging to the woman's mother have been ordered by a judge to pay back the missing money. After the mother died in 2019, at the age of 86, the woman's sister brought proceedings in an effort...
A crane operator who was severely injured in a workplace accident has reached a settlement with his employer. The man was de-rigging a crane when its head hit his right elbow. He sustained severe fractures and nerve damage, and had to have metal plates...
Tenants who feel that they are being overcharged for services in connection with their properties are able to challenge the reasonableness of their charges. The First-tier Tribunal (FTT) recently reduced the amount a tenant was required to pay for insurance...
An unauthorised mortgage broker and its associates who exploited vulnerable consumers have been ordered by the High Court to pay £4 million to the Financial Conduct Authority (FCA) . The order was obtained against a company that arranged mortgages...
The Court of Appeal has overturned a Family Court decision that tibia fractures sustained by a 10-month-old girl had been inflicted deliberately or recklessly by one of her parents. The parents were in a long-standing, stable relationship. The girl had...
Settlements in personal injury claims can include amounts for psychological as well as physical injuries, as demonstrated by a case in which a pedestrian obtained significant damages after she was hit by a motorbike. The accident happened on a busy street....
The will of a man who married his carer less than a year before he died and left everything to her has been set aside after his daughter challenged its validity. The man was 93 years old when he married his carer, who was then aged 54. Following the...
A railway signalman who was injured when he tripped over debris on an unlit walkway has secured compensation. He was taken to A&E after the accident. X-rays showed that he had fractured his finger and he was fitted with a splint. He was unable to work...
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