Articles

Eminent Retired Judge's Intellect Weighs in Favour of His Will's Validity

Even people of the greatest intellect can be affected by diminished mental ability in old age and that is one good reason why it makes sense to execute a professionally drafted will sooner rather than later. A case on point concerned an eminent former judge...

Cruelly Deceitful Husband Ordered to Pay Betrayed Ex-Wife £2.25 Million

Where blame, if any, attaches for the breakdown of a marriage is generally irrelevant when it comes to dividing assets following divorce. However, as a cruelly deceitful husband discovered to his cost, bad behaviour can have consequences in that it is hardly...

Lordship of the Manor Almost Scuppers Residential Development

Lordships of the manor, whilst sounding grand, are often viewed as arcane titles with little real significance in terms of property rights. However, that is not always so and, in one High Court case, a lordship which was bought for just £100 almost...

Children Born Out of Wedlock Receive Shares of £1.29 Million Trust Fund

Few people nowadays care whether a child is born within wedlock, but the law is in some respects behind the times. In a ground-breaking ruling, however, the High Court has opened the way for illegitimate members of an extended family to receive shares of a...

Validity of Marriage - Court of Appeal Takes Rigorous Approach

The full rigour of formalities that must be gone through in order to solemnise a marriage have been upheld in a landmark case. The Court of Appeal found that a ceremony performed in a restaurant which was not registered as an authorised wedding venue was a...

In Dispute With a Neighbour? Legal Advice Can Help Draw the Sting

Disputes with neighbours have a way of getting horribly out of hand, but legal advice taken at an early stage can help to draw the venom and save incalculable heartache and money in the long run. A case on point concerned flat dwellers who for years engaged...

It Always Makes Good Sense to Appoint a Professional Executor

Most people would consider it an honour to be chosen as executor of a friend's or relative's will. However, as a High Court ruling showed , the legal responsibilities that go with such a role can be extremely onerous and it usually makes better sense to...

Gender-Neutral Sharing of Assets on Divorce is Not Always That Simple

A gender-neutral and non-discriminatory approach to divorce generally requires an equal division of marital assets – but it is not always that simple. In one big-money case, complexities arose in respect of the husband's inherited assets and his wish...

Overlooking is Not a Private Nuisance - Landmark Court of Appeal Ruling

If you are a property occupier and have noise, dust, noxious smells, vibrations or other forms of nuisance inflicted upon you by a neighbour, the law will provide you with a remedy. However, the Court of Appeal has ruled in a landmark case that that...

Former Couple's Division of Property Decided By Judge

Unmarried couples frequently intermingle their property whilst love still blooms, but sorting out who owns what after separation can pose a serious challenge. That was certainly so in the case of a former couple who, between them, owned two former council...

Making a Will? Don't Forget Your Moral Obligations

You are in principle entitled to bequeath your worldly wealth to whoever you choose. However, as a High Court decision made clear, the law will intervene if you ignore your moral obligations when making your will. A successful motor dealer and property...

Adoption Only Justified If Nothing Else Will Do

Adoption of children outside their natural families is always a last resort and will only be permitted if nothing else will do. The Court of Appeal made that point in coming to the aid of a couple whose son was taken from their care when he was just two...

Dispute With Builder Leads to Costly Outcome for Homeowner

If you are involved in a dispute with your builder, taking sound legal advice is by far the best means of ensuring that matters do not get out of hand. One householder who failed to take that sensible course found himself embroiled in costly legal...

Court Breaks Impasse Between Warring Brothers in Farmland Dispute

Co-ownership of land by family members can be intensely problematic if they do not see eye to eye as to the use to which it should be put. A High Court case on point focused on a naturalist's ambition to 'rewild' farmland he and his brother had jointly...

High Court Backs Big Money Divorce Wife's Pursuit of Fraudulent Husband

It is hardly surprising that confidential or privileged documents which have or may have been illegitimately obtained cannot be used in evidence. However, as the High Court made clear in the context of a big money divorce case , that rule does not apply...

Letting Your Land Go to Rack and Ruin is an Invitation to Squatters

Letting your land stand vacant, going to rack and ruin, inevitably carries the risk that a squatter will obtain title to it. A woman who inherited a small but strategic strip of land from her builder father came within an ace of suffering that fate. The...

Court of Appeal Allows Will Dispute to Proceed

There is a general principle that a person may leave their estate to anyone they wish, but legislation exists – the Inheritance (Provision for Family and Dependants) Act 1975 – to allow people dependent on a deceased person to claim against the...

Couple Subjected to Race Discrimination By Adoption Agency Win Damages

Race discrimination may not be intentional, but it can be deeply hurtful and, with the right legal advice, victims can both express their disgust and secure compensation. In a striking case on point , a Sikh couple who were rejected as potential adopters...

Lack of Legal Advice Leads to Dispute Over Property

Couples can sometimes be tempted to enter into property transactions together without taking legal advice, on the basis that the love and trust between them will last forever. However, a High Court ruling strikingly showed how misguided such assumptions can...

High Court Resolves Family Row Over Funeral Arrangements

What exactly is a will? The High Court addressed that fundamental issue in resolving a bitter family dispute in respect of where a much-loved son and husband should be buried. Following the man's death from cancer, his mother insisted that he should be...
  • Page 1 of 8