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If a neighbour has been granted planning permission for a development to which you object, you may feel that there is little or nothing you can do about it. As a tribunal ruling showed, however, you may well be wrong about that. The case concerned a...
You might think that the making of a care order implies blame on the part of a child's parents. However, as a family judge's ruling in the case of a tragedy-struck 14-year-old girl made plain , you would certainly be wrong about that. The girl was brought...
Road accidents happen in an instant but can have lifelong consequences not just for those immediately involved but for their families and, in some cases, even future generations. That was sadly so in the case of a young woman who was a passenger in her...
Adults who lack the capacity to make important decisions for themselves are entitled to their autonomy and should never be equated to children. The Court of Appeal trenchantly made that point in directing that a man with a severe learning disability should...
Hospitality venues must take reasonable steps to keep their customers reasonably safe – but that is not a counsel of perfection. The High Court powerfully made that point in the case of woman who suffered a painful fracture when she slipped on a spilt...
Engaging a professional to draft your will and give advice has many advantages that may not be apparent at the time. In a case on point, a lawyer's prudence in arranging a medical assessment of an elderly client proved decisive in the Court of Appeal's...
Participants in contact sports voluntarily accept a risk of injury – but what they do not do is submit to the threat of recklessly dangerous play. A judge powerfully made that point in the case of a young mother of two who suffered a catastrophic...
Those dissatisfied with HM Revenue and Customs (HMRC) decisions must exercise any right of appeal within tight legal time limits and should consult a solicitor as a matter of urgency. The point was powerfully made by the case of a businessman who failed to...
It is quite common for divorcees to claim that they have been placed under undue pressure to strike an unfavourable financial deal. In a big money case, however, a judge ruled that a wife was no lamb to the slaughter but voluntarily signed up to a...
Children injured in road accidents may be left with devastating disabilities and need enough compensation to last them throughout their lives. This was demonstrated in a case involving a seven-figure damages payout for a young woman who was a toddler when...
There can be few things more wounding or worrying than to be on the receiving end of a poison-pen letter campaign. However, as a High Court ruling showed , the law provides an effective means by which victims of such behaviour can achieve both public...
Even the most careful employees can suffer industrial accidents for which even the most safety-conscious employers can be held responsible. The High Court made that point in the case of a technician whose left arm was traumatically amputated whilst he worked...
Those who delay making a will until they are at death's door create a very real risk of conflict amongst their loved ones after they are gone. That was sadly so in the case of an elderly man who was in hospital, suffering from advanced bladder cancer, when...
When a loved one dies due to another's negligence, the impact on their family is unquantifiable in money terms. However, as a case concerning a father of two who was killed in a road accident showed, personal injury lawyers do all in their power to soften...
Large houses set amidst rolling acres are an abiding feature of English rural life – but should such properties necessarily be viewed as wholly residential? In answering that question in a landowner's favour, the First-tier Tribunal (FTT) relieved him...
Fraud is a very real risk faced by investors in property developments and that is why detailed professional supervision of projects is so essential. The point was powerfully made by a case in which a family fell victim to dishonesty and lost millions on the...
The fathers of those who are given up for adoption as babies are often not identified on their birth certificates and that can be a painful barrier to their formation of cultural and family identities in later life. As a High Court ruling showed, however,...
If you suffer an accident whilst on a holiday that you have paid for with a credit card, is any claim you might have against the card issuer confined to you alone, or does it extend to others on vacation with you? The Court of Appeal considered that issue in...
Victims of uninsured drivers may feel that they are in a weak position when it comes to securing compensation. However, as was shown by a case in which a severely injured motorcyclist received seven-figure damages, dealing with such difficulties is all in a...
Is it right for gametes – sperm or eggs – to be collected from dying people who can make no choices for themselves so that their genetic legacy can live on after they are gone? The High Court grappled with that issue in a desperately sad case . ...
If a tradesman sustains injury whilst working on a client's premises, should the client be liable to pay compensation? The High Court pondered that important issue in the case of a builder who fell through a barn roof, suffering a catastrophic injury. The...
When making a will, it is vital to remember your obligations to family members and others who depend upon you financially. As a High Court ruling showed , however, your duty is to make reasonable provision for them – no more. The case concerned a...
When spouses each make valuable contributions to a long marriage, the general rule is that marital assets should be divided equally in the event of divorce. As an unusual High Court ruling concerning the validity of a French marriage contract showed,...
When you get behind the wheel, you necessarily place trust in the good sense and competence of other drivers. However, as was shown by a case in which a gravely injured accident victim received seven-figure compensation, expert personal injury lawyers are...
Shareholders are obviously liable to pay Income Tax on their dividends, but what if a declared dividend is not – and, in reality, never will be – paid? A tax tribunal pondered that issue in a case concerning an otherwise successful property...
In a head-turning decision, the High Court has acknowledged that increased rainfall arising from environmental changes was one cause of excess seepage of water from a landowner's field into a neighbouring domestic garden. The garden owner sought an...
With many more people running businesses from home in a post-COVID-19 world, the spotlight has inevitably fallen on commonplace restrictions on the use to which domestic premises can lawfully be put. In a case on point, a couple required a tribunal's...
The prevalence of potentially lethal psychoactive drugs in the UK prison system is sadly well known. In the context of a mother's claim that the circumstances of her son's death in custody amounted to a violation of human rights, the High Court considered...
Taking legal advice when making your will is more than likely to reap dividends after you are gone. In one case, a solicitor's wholly reliable evidence proved decisive in resolving an extraordinarily bitter family inheritance dispute . By his final will, a...
Whenever you pull out of a minor road onto a major one, the driving teacher's classic instruction to look right, left and right again should come to mind. However, what is safe depends on all the circumstances and, in one case, the Court of Appeal has ruled...
Delays in surrogacy treatment in England may be long but, as a High Court ruling showed , those who look abroad to fulfil their desire for parenthood may well be placing their own and their children's legal status at risk. The case concerned a same-sex...
When it comes to tax matters, there is a tendency for fiscally inexperienced people to simply sign whatever documents their accountants put in front of them. That can be a risky approach but, as a First-tier Tribunal (FTT) ruling showed, there is often an...
Landowners whose properties adjoin public highways are under a duty to ensure that passers-by are not put at risk by rickety walls or fencing. The extent of that obligation came under analysis in a case concerning a 150-year-old garden wall that collapsed in...
If the tranquillity of your home is blighted by noise or any other form of nuisance, you don't have to just grin and bear it. In a case on point, the High Court came to the aid of residents who said that their lives were rendered a sleepless purgatory by...
Some couples have second thoughts in the midst of divorce proceedings and get back together. However, in a unique decision, the High Court has ruled that the resumption of a toxic relationship does not amount to marital reconciliation . The case concerned...
Road traffic accident victims can encounter very real difficulties in proving the extent of their long-term disabilities. As one case showed, however, personal injury lawyers are adept at cutting through such contentious issues and achieving very substantial...
Any ambiguity in your will creates a risk of strife amongst your loved ones after you are gone and that is one good reason why professional drafting is so important. As a High Court case showed , however, judges are adept at resolving uncertainty and...
When buying anything, from a toothbrush to a luxury car, consumers are entitled to expect that their purchases are of satisfactory quality. The point was made by the case of a woman whose high-end sports car sprang a catastrophic leak . About 15 months...
In a ground-breaking case, a disabled young man has been awarded £36,000 in compensation against a police force that breached his human rights by taking the disproportionate step of retaining certain information and data about him. The man suffers...
When UK citizens suffer accidents abroad, the question of whether they can pursue compensation claims in this country comes down to where they are domiciled. An important Court of Appeal ruling on point concerned an RAF officer who was stationed in Cyprus...
To what extent are mortgage brokers required to consider the security or otherwise of underlying investments that their clients hope will, in due course, repay a loan? The High Court considered that burning issue in the case of a couple whose foray into...
The outcome of international child abduction disputes very often depends on a single issue – where is the child concerned habitually resident? That was certainly so in the case of a toddler with an English-born mother and an Israeli father . The...
Delay is a common cause of injustice, and anyone involved in litigation should know that judges take a firm line against foot-dragging. In one case, a road accident victim whose case was allowed to go to seed for a prolonged period came within an ace of...
Prolific will writing is very often symptomatic of a complicated life. That was certainly so in the case of a wealthy businessman who wrote four wills, benefiting different members of his family, during the final 40 years of his life. The man had a large...
Judges are well aware that litigation is stressful and that those involved may become angry or frustrated – however, there is a point at which abusive behaviour crosses the line. In a case on point , a man whose foul-mouthed tirade left a family judge...
In order to establish that you have become a non-UK resident for tax purposes, you need to show a change in the pattern of your life amounting to a real loosening of your ties to this country. A wealthy businessman who failed to pass that test had reason to...
In many big money divorce cases, disputes concerning the validity and enforceability of pre- and post-nuptial agreements take centre stage. However, as a Family Court ruling showed , such agreements do not displace the judicial obligation to achieve a fair...
When making your will, there are very good reasons why it makes sense to appoint a professional to administer your estate. A High Court ruling showed why the modest cost of doing so is very nearly always well worth it . After some relatively small...
The concepts of blame and responsibility obviously cannot be applied to animals and it is their owners who are most at risk of legal liability if they cause injury to humans. A case concerning a loose horse that triggered a catastrophic road collision,...
Many frail and vulnerable people have an antipathy to institutional care and wish for nothing more than to stay in their own homes. That may not always be feasible but, as a Court of Protection ruling showed, judges pay the greatest respect to their freedom...