Articles

Promises, Promises - Always Get a Lawyer to Put Them in Writing!

The trouble with informally agreeing with your loved ones what is to happen to your assets after you are gone is that you may not have considered all eventualities, and disputes can arise as to what has and has not been promised. Exactly that lay at the root...

Family Judge Blocks Attempt at Divorce Tourism in Big Money Case

English judges are respected around the world – but they are not the sole arbiters of fairness and the decisions of foreign courts must be respected. A family judge made that point in shutting the door on divorce tourism and refusing a Russian...

Trouble With the Neighbours? See a Lawyer Before It Gets Out of Hand!

One secret of a happy life is to get on well with your neighbours and taking legal advice is often the best way of defusing rows before they get out of hand. The point was resoundingly made by a case in which escalating boundary and right of way disputes...

High Court Assists Husband in Drawing a Line Under His Divorce

Litigation can be long and bitter, but it is the prime objective of the justice system to eventually bring it to a satisfactory end. In a case on point, the High Court came to the aid of a husband in drawing a line under his divorce . The case concerned a...

Judge upholds Will in dementia dispute

For a Will to be valid, the testator (the one making the Will) must be ‘of sound mind’ at the time of making and signing the Will. This means that they must be capable of understanding and approving of the contents and effects of the Will. With...

Field Owner Sees Off Neighbour's Squatters' Rights Claim

Landowners who neglect or fail to make use of their properties put themselves at risk of losing them to squatters. In a recent case on this subject, a woman faced a neighbour's claim that he was entitled to her field, having cut the grass for years. The...

Divorce is Often Bitter, But Maintaining a Sense of Proportion is Crucial

Amidst the emotional and financial destruction that can arise from divorce, keeping a sense of proportion is crucial. The Court of Appeal made that point in lamenting a former couple's expenditure of more than £500,000 in legal costs fighting over an...

Is Your Will Out of Date? Execute a New One Before It's Too Late!

Allowing your will to become out of date stores up trouble for your loved ones. That was strikingly so in one case in which a successful businessman suffered a stroke before he could make a new will taking account of his changed financial and personal...

Failing to Disclose Assets Can Bite Back in Divorce

In a case illustrating the importance of candour regarding financial circumstances in divorce proceedings, a husband who failed to disclose the true extent of his wealth to family judges was subsequently ordered to pay his ex-wife a seven-figure lump sum,...

Couple Overcome 'One House' Restriction to Build New Home in Their Garden

New homes built in the grounds of existing residences make a valuable contribution to meeting burgeoning housing demand. However, as a decision of the First-tier Tribunal (FTT) showed , restrictions lurking in antique title deeds can stand in the way of...

If a Loved One's Will Does Not Meet Your Needs, Don't Delay in Seeking Advice

If a loved one upon whom you depend financially fails to make reasonable provision for you in his or her will, judges have the power to put that right. However, there are time limits that apply to such proceedings and that is why it is vital to consult a...

Family Judge Grasps Nettle in Sending Baby Boy to Live With His Father

Family judges are always absolutely focused on the welfare of children and will not shrink from grasping nettles to give them the best chance of leading fulfilled and happy lives. That was certainly so in one case in which a judge ordered that a baby boy be...

High Court Relieves Family of Consequences of Badly Drafted Trust Deed

Trust deeds can be an effective means of managing family wealth and minimising tax liabilities but, as a High Court decision strikingly showed , any mistakes in their drafting can have serious repercussions for generations to come. The case concerned a...

Court Orders Must Be Obeyed

Public confidence in the civil justice system would collapse if court orders were not rigorously enforced – however agonising complying with them may be. The point was made by a case in which a divorcee who refused to move out of her home of 25 years...

Planning Building Work? Get Legal Advice

When a property development involving a building that is listed or in a conservation area is undertaken, it is reasonable for the contractor employed to do the work to assume that the employer has used due diligence to obtain the necessary planning consents....

Court of Appeal Acts to Save Entrenched Litigants From Themselves

The whole purpose of the civil justice system is to achieve just and final resolution of frequently intractable disputes – and, as a guideline Court of Appeal decision in an inheritance case made plain, that includes saving litigants from themselves...

Growing Number of Cohabiting Couples Leaves More Families Open to Risk

Cohabiting couples are the fastest-growing family type in the UK, according to newly released figures from the Office of National Statistics (ONS). The ONS reports that the number of cohabiting couple families continues to grow faster than the number of...

Inveterate Trespasser Rightly Jailed for Contempt, Court of Appeal Rules

It is in the nature of litigation that the losing party frequently feels that the judge was wrong and the outcome unjust. However, a case in which a householder repeatedly lost his liberty , and ultimately his home, due to his defiance of court orders shows...

LPA - Bank Practice

A lasting power of attorney (LPA) is a document that may be used so that the finances or other issues of a person who cannot deal with them themselves may be attended to by a trusted third party – normally a solicitor or a family member. When an LPA...

Where, If Anywhere, Do the Jet Set Call Home? High Court Gives Guidance

Very rich people often live jet set lifestyles of ceaseless travel, so pinning down the country in which they are domiciled can be a serious challenge. The High Court faced exactly that difficulty in a case concerning the acrimonious breakdown of a...
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