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Divorced Overseas? English Family Judges Can Still Help You!

If you have been divorced abroad but are habitually resident in this country, English family judges have the power to ensure that you receive a fair share of the marital assets. In a case on point , the High Court awarded a woman whose marriage was...

Air Stewardess Injured By Pilot's Negligence Achieves £3,000 in Compensation

If you suffer an avoidable injury at work due to a colleague's negligence, you should take professional advice right away with a view to obtaining just compensation. In a case on point, an air stewardess who suffered back injuries when a plane jolted onto...

Estate and Dependants Receive Damages for Fatal Crash

When there is a fatal accident involving a person with dependants, a claim for compensation may be able to be made not only by the estate of the deceased person but also by their dependants, whether children or adults. In a recent case , the estate and...

Young Farmer Injured in Fall From Ladder Achieves Compensation Settlement

Health and safety breaches lead to accidents, almost as night follows day. In a tragic case on point, a young man who was catastrophically injured when he fell from a ladder on his family farm secured more than £6 million in compensation. The...

Restrictive Covenants Can Go Undetected - Use an Expert Conveyancer!

Covenants that restrict the use to which properties can be put lurk undetected within many title deeds and can have a dramatic impact on a property's value. That was certainly so in the case of one unfortunate couple who said that tight restrictions applying...

Sex Attacks Victim Awarded Damages From Her Abuser

It is obviously important to the wellbeing of victims of sexual abuse that those who prey on them are brought to book by the criminal justice system. However, as a High Court case underlined, it is equally vital that they be compensated for their ruined...

Informal Agreement Leads Family to Court of Appeal

Disputes within families are very common indeed and one of the issues the courts see over and over again is where there is a family 'understanding' that ends in a disagreement. In a recent case , the result of one such dispute is that an 82-year-old woman...

Loved Ones of Soldier Killed in Kayaking Tragedy Receive £535,000 Damages

Armed forces personnel well understand that their jobs can be dangerous. However, as a High Court case showed, their submission to discipline does not make them any less entitled to compensation if they fall victim to others' negligence. The case concerned...

Tax Investigations - Judge Authorises Disclosure of Credit Card Bills

To what extent are the tax authorities entitled to delve into what would otherwise be your private financial information? The High Court tackled that issue in authorising disclosure of a wealthy businessman's credit card statements to HM Revenue and...

Court Returns Two-Year-Old to Land of Birth When Parents' Marriage Collapses

For a UK court to have jurisdiction over a family law case, it is necessary to show that at least one party to it has habitual residence in the UK. In a recent case, an Israeli woman divorcing her Israeli husband sought a declaration that their two-year-old...

Be Careful What You Post

Although the final result was not financial ruin for the defendant, a recent case illustrates how unwise it is to vent one's spleen on social media. It involved a firm of solicitors that had been involved in the sale of 'off plan' properties in Cyprus. This...

Damages for Woman Who Developed Travel Phobia After Falling Ill on Holiday

Expert legal advice is essential for those who are injured or become ill on holiday because of negligence on the part of someone who owed them a duty of care. This was highlighted in a recent case in which a woman who developed a phobia of travelling after...

Victim of Triple Fatality Road Smash Wins Seven-Figure Compensation

Roads are inherently dangerous places but, if disaster strikes, specialist lawyers can ensure that accident victims are properly compensated. In one case, solicitors representing a young man whose life was changed forever by a crash in which three of his...

Wealthy Online Investor in Bitcoin Futures a 'Consumer'

Can someone who trades in cryptocurrency futures or other sophisticated products via an online platform be viewed as a consumer? In a crucial decision for the investment sector, the High Court has answered that question in the affirmative . The case...

Instruction Sufficient to Allow Third Party Reliance on Arrangements

The purchase of properties abroad is a process that can be replete with disputes and financial losses for the unwary or unadvised. Whilst some foreign countries have presented few issues, others have had more chequered histories. Recently, investors went...

Time of the Essence in Overturning Agreements Made Under Duress

We have often stressed the importance of obtaining high-quality legal advice in any dispute and starting any necessary legal action as soon as possible, and a recent divorce dispute illustrates why . It involved a couple who were divorced in 2015. The...

LPA Error Means Court Appearance

It is normally essential when creating a legal document to get the procedures right, and failure to do so can cause unnecessary complications. A recent case dealt with the problem of what happens if a person creates a document that contains an error but...

Wife Subjected to Violent Ordeal By Husband Awarded £75,000 Damages

In any civilised society, the state has a monopoly on punishing criminals – but that does not mean victims of violent offences must go uncompensated. The point was proved by a case in which a woman who was subjected to physical and sexual assaults by...

Breach of Trust Brings Jail for Fraudulent Trustee

Yet another sad case reported recently shows the wisdom of appointing only those who are absolutely trustworthy and/or insured professionals as trustees over your assets. The court heard how a trustee appointed to safeguard the assets of a 17-year-old boy...

Professional Diver Injured Overseas Tests Limits of English Jurisdiction

English judges enjoy an unrivalled reputation for delivering even-handed justice and that is why our courts are under siege by those who want their cases heard in this country. One such case was brought by a French professional diver who was seriously...

Tree Felling Without Permission Proves Expensive

Ignoring tree preservation orders can prove to be a very expensive mistake and if your property has a protected tree on it, you should make sure any order is understood and followed and any necessary permissions obtained. Felling a protected tree without...

Use of Vehicles on Private Land - UK in Breach of EU Insurance Obligation

The UK is in long-standing breach of its obligation under European law to require compulsory insurance in respect of the use of motor vehicles on private land. So ruled the Court of Appeal in a case of crucial importance to the motor insurance industry. The...

CGT Loss Occurs When Payment Made, Not Before

When a personal guarantee has to be given in order to give a lender the security it needs, the guarantor hopes that the guarantee will never be called in. However, when it is, the loss suffered by the guarantor will normally qualify as a loss for Capital...

What Is a Highway Maintainable at Public Expense? High Court Guidance

What exactly is a highway maintainable at public expense? The High Court gave important guidance on that issue in upholding a compensation claim brought by a woman who suffered injury when she tripped over an exposed tree root whilst walking on a path...

Court Appearance May Not Mean Public Disclosure

The principle of open courts is highly valued in the UK legal system. However, it is often a worry to people engaged in legal proceedings concerning family or marital issues that by going to court their family's private affairs will become public knowledge. ...

Men Injured By Exploding E-Cigarette Batteries Win Damages

Two men who suffered burns when e-cigarette batteries caught fire in their trouser pockets have secured damages for their injuries. The men, both from Norfolk, had bought the batteries from the same shop in Great Yarmouth in December 2015. The batteries...

Young Man Knocked Down By Bus Wins £3.3 Million Compensation

Road accidents happen in the blink of an eye and it is often far from easy to discern where responsibility for them lies. However, such difficulties did not prevent a young man in his 30s who was seriously injured when he was knocked down by a bus from...

Rules are Rules

A recent case should serve as a reminder that rules are rules and 'close enough' often isn't! The Town and Country Planning (General Permitted Development) (England) Order 2015 states that 'the enlargement, improvement or other alteration of a dwelling...

Court Allows Trust Error to Be Corrected

Mistakes do happen, and in some circumstances they can be rectified by the courts. In a recent case, the wife of a man who died in 2015 went to court after a mistake in dealing with a trust created under his will left a substantial potential Inheritance Tax...

Half of Estate Value Goes in Fees When Will Lost and Family in Dispute

When a person is appointed executor of an estate, they are given a reasonable period to progress the estate administration but cannot procrastinate without adverse consequences being likely. When a woman died intestate in 2012, she left behind a house and...

Motor Insurers Not Liable for £2 Million Fire Damage

The law requires that the driver of any vehicle has a valid insurance policy that covers injury or damage to third parties caused by or arising out of the use of the vehicle on a road or in a public place. The Supreme Court has given authoritative guidance...

Accident Partly Your Own Fault? You Should Still See a Solicitor!

Road accident victims who believe that they can only win compensation if they are entirely free from blame could not be more wrong. In a case on point, a pedestrian who was struck and severely injured by a cab driver has won the right to substantial damages...

Schoolboy Sexual Abuse Victim Wins Over £1 Million in Compensation

The damaging legacy of childhood sexual abuse often lasts a lifetime and, if you are a victim, you should consult a solicitor without delay. In one such case, a middle-aged man who was repeatedly abused by a sports teacher when he was a schoolboy has been...

Ignore Court Orders At Your Peril

A wealthy Omani man who failed to pay to his ex-wife the financial settlement ordered by the court, or to cooperate with disclosure orders, faces arrest if he attempts to return to the UK. When the couple's marriage broke up, they were divorced under Omani...

Failure to Challenge Repaving Results in Loss of Title

Failing to take active steps to protect your land from use by another can produce unfortunate effects, as a couple from York discovered recently. The couple own a bungalow which has a front driveway adjacent to that of the next-door bungalow – a...

If You Are Injured While Holidaying Abroad, the UK Courts Can Help

Those who fall victim to negligence while holidaying abroad can face tricky legal hurdles in winning compensation for their injuries. However, as a case concerning a woman left paralysed by a swimming pool accident in Mallorca showed, specialist lawyers are...

Just Because You Agree Doesn't Mean the Court Will

It is common in legal disputes for the two sides to agree to suspend the court proceedings for a period so that they can get as much agreed between them as possible, and gather their evidence and prepare their arguments over what remains in dispute without...

Appealing Against a Tax Bill? Make Sure You Get a Fair Hearing!

If you dispute a tax bill, you are entitled to a fair hearing of your appeal and specialist advice will ensure you get just that. In a case that demonstrates this point, a couple were relieved of a substantial Capital Gains Tax (CGT) demand after...

Care Costs - Wales Raises 'Asset Cap'

It is not widely known that the 'cap' on assets above which people in residential care must fund their own care is only £23,250 in England and Northern Ireland. It is even less well known that elsewhere in the UK the cap is set at different levels. In...

Couple Outraged By 'Ugly Duckling' Home Cinema Win Six-Figure Damages

If building works on your home go wrong, strong legal representation can ensure that you are properly compensated. In a recent case, a couple who paid over £400,000 for a state-of-the-art home cinema, but did not get the architectural jewel they had...

Victim of Road Pile-Up Triggered By Speeding Ambulance Wins Millions

Sums paid in damages to negligence victims may appear large, but the reality is that no amount of money can ever compensate them for what they have lost. A judge acknowledged that sad fact in approving a multi-million-pound payout to a young man who was...

Absence of Evidence Dooms Unequal Shares Claim

The legal ownership of property is not always the same as the beneficial ownership and disputes can arise when no documentation is executed to show the two are different. Such was the case in a recent dispute which occurred after a couple who had two...

School Accident Leads to Compensation for Teacher

Sometimes, the danger of accidents lurks in unexpected places in a working environment. Recently, a teacher who fell off a classroom table received £250,000 in compensation from her employer. She had, as is common, been putting a display on the wall...

No Will Means Negotiation to Decide Estate Split

A professionally drafted will is something every adult should have. Not only does it provide certainty as to who should inherit your possessions after your death, but it will also make things a lot easier for your executor at a time that is usually...

Share Sale Tax Avoidance Scheme Fails the Reality Test

Judges interpret tax statutes in the real world and are experienced at looking beyond the detailed provisions of intricate transactions to discern their actual purpose. In a case exactly on point, the Court of Appeal found that Capital Gains Tax (CGT) was...

Insurer Not Liable Where Driver Unidentifiable

In order to sue someone, they have to be served with a notice of claim unless the service of the notice can be properly dispensed with. Can the notice of claim be properly dispensed with if the person being claimed against is not only unidentified, but...

No Fault Divorce Legislation Promised in Next Parliamentary Session

The process of divorce in the UK has for many years been seen as rather long-winded and tending to produce more conflict than need be. One of the reasons for this is that the grounds which demonstrate an 'irretrievable breakdown' of a marriage – the...

Alleged Victims of Zambian Copper Mine Pollution Can Sue in England

The adequacy or otherwise of overseas legal systems can sometimes be a factor in deciding whether the English courts should accept jurisdiction to consider cases with a strong foreign link. That was certainly so in a Supreme Court case concerning injury to...

High Court Rules Against Right to Rent

The legislation that introduced the Right to Rent scheme, which went live in February 2016 and compels landlords to check the immigration status of their tenants, has never been popular with landlords or tenants. Recently, the High Court ruled that the...

Hit-and-Run Victim's Family Secure £1.2 Million in Compensation

No amount of money can compensate for the loss of a loved one due to someone else's negligence, but it can at least soften the financial blow. In one case, the widow and four children of a man who was struck down by a hit-and-run driver achieved a...
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