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Children's Voices Matter in Care Cases - But Are Not Always Decisive

The voices of children will always be heard by family judges in care proceedings, but they are not always decisive and can be outweighed by other factors. In one case, a boy's vociferous wish to live in England with his mother was overruled by a judge who...

Flower Dealer Triumphs Over Officialdom in Orchid Bulbs Row

Officialdom is a necessary, if occasionally irritating, fact of life, but one case has shown that an overzealous application of the rules can be beaten with tenacity and good legal advice. It involved an award-winning flower dealer, which had almost 1,500...

Takeaway Owner Who Hid Takings Jailed

HM Revenue and Customs (HMRC) know that 'cash trades' are often susceptible to a suppression of takings and regularly target cash traders for tax enquiries. Where HMRC's suspicions are confirmed and the evasion of tax is significant, a criminal prosecution...

Equity Release Dangers Exposed

Financial products which offer to release capital tied up in people's homes can be extremely complex and such arrangements should only ever be entered into after receiving specialist advice. In one case which strikingly makes this point , two elderly ladies...

Are Your Children Your Tenants? - Sign a Lease

Parents often let their children live in properties they own on an informal basis. However, one Court of Appeal case stands as a stern warning that the absence of a tenancy agreement can make them liable for any misbehaviour by their offspring. A mother...

Cases Show Care Needed in Protecting IP

The owners of two emblematic brands have lost their claims to Intellectual Property (IP) protection lately, in cases which highlight the need to exercise careful thought in the formulation of trade mark applications. The first is the well-known London black...

Making a Will? Take Legal Advice to Avoid Family Conflict

In a case which underlines the reasons why you should always get a solicitor to help you make your will, the opinion of an experienced lawyer as to the mental capacity of an elderly dementia sufferer who sought his advice was the decisive factor in...

Seventeen-Year Battle Over Assets Proves Ruinous

Divorces are very seldom totally amicable, but letting squabbles over the terms under which a marriage is dissolved run on and on can be ruinous, as a recent case shows. It involved a once successful businessman who was said to have been left with less than...

Unreasonable Building Contract Term Unenforceable

Contracts have to be reasonable to be enforceable, and that is one good reason why professional drafting is essential. In a case which clearly illustrates that point, the High Court has ruled that a clause which required notification of defects in building...

Tenant Lives to Fight Again as Court Upholds Without Prejudice Plea

When a tenant admitted in discussions with her landlord's lawyers that she had been in arrears with the lease payments on her restaurant, the admissions were used to justify a claim for forfeiture of the lease by her landlord. However, she claimed that the...
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