Legal News

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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...
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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...
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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...
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Planning decisions would be unpredictable and merely arbitrary if they were not based on carefully considered policies that have been subjected to public scrutiny. The High Court made that point in scotching £1.8 million plans for the expansion of a...
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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...
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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...
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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...
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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...
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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...
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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...
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Talk to a tenant and the lack of security of tenure is often brought up as a significant issue. For landlords, the inability easily to obtain possession of a tenanted property can often cause angst. There is little dispute that a good-quality, settled...
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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...
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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. ...
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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...
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Gerry Rafferty famously claimed that 'if you get it wrong, you'll get it right next time', but a recent construction dispute shows that this is often far from true in legal disputes: often, if you get it wrong, there is no 'next time'. The facts were...
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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...
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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...
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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...
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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...
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It is very common for tenants who run up rent arrears to effectively be given a second chance by the courts when facing an application by the landlord to repossess the premises. Often, such applications are stayed subject to compliance with a revised payment...
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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...
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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...
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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...
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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...
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Whether land is or is not within the curtilage of a building can be a decisive factor in many planning cases. The High Court considered the meaning of the word in ruling that a large hardstanding used for storing fencing materials did not fall within the...

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