Until the recent publicity afforded by television shows on the subject, many people might not have realised that ‘heir tracing’ companies exist, let alone that they research ‘promising’ estates by looking at public records and then...

It is a cardinal rule in court proceedings in the UK that both parties to a disagreement must have a fair chance to state their side of the argument. This is particularly important in family cases, which are often complex and invariably emotionally charged. ...

In a recent case, the courts had to consider the legality of a commercial arrangement undertaken by a bank with a company, the effect of which was to allow the company to ‘stand in its shoes’ with regard to a commercial lease. At issue was...

Getting your tax right can sometimes be complex and it is often the case that when HM Revenue and Customs (HMRC) investigate a taxpayer, they find that there are irregularities. When these result in an underpayment of tax, HMRC will normally levy interest...

Under the Children Act 1989 , a court may only make a care order or a supervision order if it is satisfied that the child concerned is suffering, or is likely to suffer, significant harm. In a recent case, the Court of Appeal overturned the decision of a...

Retaining records after a person has died is essential in order to be able to demonstrate the amount of Inheritance Tax (IHT) ‘nil rate band’ that is available on the death of a surviving spouse or civil partner. It might easily be thought that...

The parents of an independent school pupil have lost their appeal against a judge’s decision to dismiss their claim that their son’s expulsion from the school amounted to a breach of contract and warranted injunctive relief and the payment of...

If a landlord has concealed or misrepresented facts, it can be ordered to pay a departing commercial tenant compensation for any damages or loss sustained by the tenant that arise as a result of having to quit the premises. The legislation bringing this...

Family break-up is always complicated and when there is a property involved, things can get very complex indeed. In principle, when a couple are cohabiting (not married or in a civil partnership) the property belongs as of right to whoever is shown on the...

Owners of properties used for furnished holiday lettings (FHLs) are reminded that the tax regime relating to these is set to change significantly (for the worse) next April. Under the current tax regime, such businesses have advantages for both Income Tax...

The Supreme Court has recently ruled to give the grandmother of a child custody over him despite the opposition of the boy’s father, who applied to have custody himself. In the view of the Court, acting in the child’s best interests means that...

It is widely thought that once a conviction is ‘spent’, it is erased from ‘the system’ and simply ceases to exist. Regrettably for those who may have a youthful indiscretion or two on their record, this is not so, as is illustrated by...

The trial of an unqualified will writer took place in Bristol recently when a 45-year-old man was charged with the theft of £800,000 from a succession of elderly clients. The man had duped childless elderly people into inserting a clause into their...

A recent case illustrates how complex building disputes can become when there are changes ‘on the fly’ to the work being carried out and the related paperwork does not keep pace. In the case in point, a contractor’s contract to fit out a...

When dividing family assets on separation or divorce, judges sometimes make some surprising decisions. Where these are erroneous or unfair, they can be overturned. In a recent case, a judge ruled that in order to achieve a ‘clean break’ between...

The ‘Doorstep Selling’ regulations ( The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008 ) came into effect on 1 October 2008 and bring new rights to consumers who make contracts with traders in...

Lending for residential property purchases has increased significantly in recent months – the July figure of £16 billion showing a 26 per cent rise over June. August and September have both shown gross mortgage lending of about £12.5...

The Office of the Public Guardian has responded to criticisms of its overly complex forms for creating a Lasting Power of Attorney (LPA) by issuing new and simplified forms. An LPA allows a person to give a friend, relative or trusted advisor the power to...

HM Revenue and Customs (HMRC) recently won a significant victory in a tax case when the court ruled that tax advice given by an accounting firm to its client is not privileged. In other words, HMRC can force accountants to divulge advice given to their...

A woman who owed a credit card company more than £8,000 has been excused from repaying her debt after a court ruled that the ‘secret’ commission paid to the credit card company by the company providing the payment protection insurance...

Under the Landlord and Tenant Act 1954 (LTA), a tenant normally has the right to renewal of a lease on commercial premises unless the landlord requires occupation of the premises for its own purposes, which may include the purpose of redeveloping the site....

After a bruising legal battle, which has cost more than £1.3 million in fees, a Yorkshire doctor has won the right to inherit her late parents’ farm, which is valued at £2.3 million. In 1993, Dr Christine Gill’s parents made wills...

Even though property prices have fallen considerably in recent years, getting ‘on the property ladder’ has never been harder as lending criteria have been tightened considerably since the ‘boom’ days of 125 per cent mortgages. Young...

A recent report indicates that fraudulent loan applications have increased by more than 4 per cent as a result of the credit crunch. Now, an average of nearly 1 in 500 applications for car finance, credit cards, insurance, loans and mortgages is fraudulent....

A recent case shows how important the wording of a planning consent is. It concerned a quarrying company which was engaged in the extraction of limestone from a quarry in the Peak District. There was opposition to the quarrying which led to a review of the...