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Restrictive Covenants - Objectors Succeed in Blocking Flats Development

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...

Judge Emphasises that a Care Order Does Not Imply Parental Blame

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...

Serious Road Accidents Can Affect Families for Generations to Come

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 Lacking Decision-Making Capacity Should Not Be Equated to Children

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...

Bar Owner Overturns Liability Finding Following Customer's Fall on Spilt Drink

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...

Making a Will? Court Ruling Underlines the Benefits of Professional Advice

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...

Contact Sports - Victim of 'Reckless' Rugby Tackle Due Full Damages

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...

Businessman Pays Dearly for Delay in Lodging VAT Penalty Appeal

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...

No Undue Pressure Involved in Divorce Deal Toasted with Champagne

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...

Child Road Accident Victims Need Compensatory Awards to Last a Lifetime

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...

Landowner Target of Poison-Pen Letters Receives Substantial Damages

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...

Wind Turbine Technician Due Recompense for Severed Left Arm

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...

Cancer Sufferer's Belated Will Triggers Bitter Family Inheritance Dispute

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...

Family of Cyclist Killed in Road Collision Receive Justice

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...

Landowner Relieved of £98,000 Stamp Duty Bill in Country House Appeal

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...

Property Investment - Professional Supervision is Vital to Guard Against Fraud

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...

Birth Certificates Are Not Set in Stone - High Court Paternity Declaration

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,...

Package Holidays and Consumer Credit - Court of Appeal Test Case

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...

Injured by an Uninsured Driver? Don't Give Up Hope of Damages

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...

High Court Refuses to Authorise Collection of Gametes from Dying Student

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 . ...

Failure to Comply with Health and Safety Duties Leads to Life-Changing Injury

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...

You Are Obliged Reasonably to Provide for Your Dependants in Your Will - No More

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...

High Court Gives Effect to French Marriage Contract in Big Money Divorce

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,...

Victim of Drink/Drugs Driver Receives Justice

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 Relieved of Income Tax Liability on Dividends that Went Unpaid

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...

Increase in Rainfall Looms Large in High Court Neighbours' Dispute

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...

Running a Business from Home? Are You Sure You're Allowed To?

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...

Mother Sues Private Prison Operator Following Drugs Death in Custody

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...

Solicitor's Evidence Decisive in Resolving Bitter Family Inheritance Dispute

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...

Look Right, Left, Right...and Left Again - Court of Appeal Road Crash Ruling

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...

Foreign Surrogacy Arrangements - High Court Underlines the Hazards

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...

You Are Entitled to Rely on Ostensibly Competent Professional Tax Advice

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...

Landowner Not Liable for Garden Wall Collapse - High Court Ruling

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...

Residents Blighted by Noise Nuisance Granted High Court Abatement Order

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...

What Amounts to 'Marital Reconciliation'? Unique High Court Ruling

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...

Crash Victim Secures Seven-Figure Settlement

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...

Ambiguous Wills Are a Recipe for Strife - But the Law Can Bring Certainty

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...

Consumer Rights - Sports Car Buyer Receives £117,000 Refund and Damages

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...

Unlawful Retention of Data - Police Force Ordered to Pay £36,000 Damages

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...

RAF Officer Injured Abroad Must Pursue Claim in Cyprus, Court of Appeal Rules

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...

Mortgage Brokers' Duties Come Under Analysis in Guideline Ruling

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...

International Child Abduction - Habitual Residence is Often the Crucial Issue

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...

Injured Minicab Driver's Claim Jeopardised by 'Lamentable' Litigation Delay

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...

Wealthy Businessman's Prolific Will Writing Triggers Inheritance Dispute

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...

Angry Litigant Narrowly Escapes Jail for Foul-Mouthed Abuse of Family Judge

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...

Football Match Attendance Proves Pivotal in UK Residency Tax Dispute

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...

How Much Weight Should be Given to Pre- and Post-Nuptial Agreements?

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...

This is Why You Should Appoint a Professional to Administer Your Estate

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...

Horse Owner Not Liable for Tragic Road Accident Caused by Loose Mare

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,...

Determined Not to Go Into a Care Home? Your Wishes Are Due Full Respect

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...
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