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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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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 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...
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. ...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...