Latest News

Resolving Disputes in the Boardroom

Boardroom conflict can often mean directors falling into opposing camps, with deadlock the result. As a High Court decision shows , taking legal advice is often the only means of achieving a resolution. The case concerned a holding company that was formed...

Long-Term Partner Wins Right to Stay in House

Those who doubt the legal advantages of getting married should take note of a case in which an elderly man was left facing homelessness after his partner's unexpected death and had to go to court to seek reasonable provision from her estate. The unmarried...

Changes to the Definition of HMO - Landlords Take Note

With burgeoning numbers of students and a continuing housing shortage, residential property for letting has been a popular investment for several years. Many such investments are in houses in multiple occupation (HMOs) and landlords of large HMOs (which are...

Debranded Goods Still Protected by Trade Mark Law

Products sell for widely differing prices in different national markets and that creates the opportunity for goods to be transferred from a low-price market to a higher-price one – a practice known as 'grey importing'. This can undermine the...

Residents' Association Pays Price for Failing to Take Professional Advice

Many blocks of flats are managed by a residents' association, which has the great advantage of affording tenants democratic rights of self-determination. However, as a decision of the Upper Tribunal (UT) showed, such bodies bear onerous, and often complex,...

Law Overrides Will That Excludes Partner

The law that allows someone who was dependent on a deceased person during their lifetime to make a claim against their estate if there is no, or inadequate, provision for them in the will is one of long standing (the Inheritance (Provision for Family and...

Court Agrees to Correct Trust Error

We all make mistakes…and when a contract is set up the terms of which clearly do not reflect what was intended, the court can be asked to rectify it. A recent case shows that that approach can also be taken with regard to incorrectly drafted trust...

VAT - 'Pay Now, Appeal Later' Rule Receives Supreme Court Blessing

Unless they can show that they would suffer hardship as a result, traders who wish to challenge assessments to VAT are first required to pay, or at least deposit, the tax demanded before they can mount an appeal. That requirement has long been highly...

Supreme Court Says No to Divorce Based on Weak Unreasonable Behaviour Claim

The Supreme Court judges' decision to prevent a wife from divorcing her husband , which was made 'without enthusiasm', is expected to lead to calls for a rapid change in the law. The case arose after a wife's application for a divorce was opposed by her...

Time to Review Your Discretionary Trust?

When the Finance Act 2006 came into force, it introduced a ten-year charge on discretionary trusts containing 'relevant property'. Most discretionary trusts that were started after 21 March 2006, other than those covered by specific exemptions, will carry...
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