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Human Rights Law Not Effective in Avoiding Private Landlord Eviction

One of the well-established principles of the law relating to obtaining possession of residential property that applies in the case of a possession order sought by a public authority is that of 'proportionality', which broadly speaking means that if, on the...

Out-Of-Date Family Trust Varied to Recognise Same-Sex Spouses

Family trusts often date back many years, and those who drafted them could not have been expected to foresee all the dramatic social changes that have happened since pen was put to paper. In one case, the High Court's intervention was required to vary a...

Web Knock-Offs - Stopping the Rot

The Internet is a market for all sorts of goods – including 'knock-off' copies of well-known brands. These are widely available through e-commerce websites around the world. In 2011, the UK brought in legislation which allows Internet service...

Leasehold Details Can Prove Costly for Retirees

With an ageing population, purpose-built retirement properties are becoming more and more prevalent. It is important when considering the purchase of such a property to look very carefully at the detail of the contract (this is normally in the form of a long...

Complaints Mount on Pension Liberation Advice

For some years now, pensions have been made increasingly flexible, and the Government recently introduced greater choice as to how savers can use their pension pots on retirement. The cornerstone of the much-vaunted 'liberation' of the private pension...

Need Overcomes Equality Claim in Divorce Settlement

With new guidance having been issued regarding the interpretation of 'need' for the purpose of financial settlements on divorce, a recent case shows how the courts have been moving away from a rigid adherence to the principle of 'equality' in the division...

Developers of Houses in Multiple Occupation Boosted by VAT Ruling

The tax regime relating to property has played a central role in the Government's drive to create more new homes. In a case which shows the importance of tax policy , a tribunal has favoured a broad interpretation of VAT legislation and found that a house...

Roles Split When Stress Makes Attorney Unreliable

Appointing an attorney under a Lasting Power of Attorney (LPA) is normally a sensible precaution. The procedure allows one's financial affairs (and, if required, matters relating to health and welfare) to be entrusted to others if you are unable to manage...

But We Agreed, Didn't We?

Contract law abounds with disputes over whether a binding contract has been created at a point in time, and many cases have been heard in which one side to the dispute alleges that a contract has been made whilst the other claims that an 'agreement to agree'...

Community Rejects Eyesore Wind Turbines

Wind farms can be seen for miles around and their visual impact on nearby heritage assets can frequently prove decisive in planning terms. That was certainly so in one case in which proposals for five wind turbines within sight of a listed church were...
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