Latest News

Unforeseeable Risk Means No Liability

When a go-kart driver suffered catastrophic injuries after using a go-kart lent to her by a friend, the court ruled that she was not entitled to compensation . The owner had warned her not to wear her long coat, as there were exposed moving parts at the...

Geography Not Exclusive

A recent intellectual property case has again illustrated the principle that the courts are unlikely to accept that geographical terms ‘belong’ to a particular business. It involved the launch of a publication called ‘The Southern...

Solicitor's Evidence Crucial in Undue Influence Claim

When an elderly couple fell out, the circumstances surrounding their land transfers meant that a court hearing was necessary to unscramble the position . The two had formed a partnership in August 2001. Two years later, the woman partner created a...

Guarantee Voided by Forged Signature

The pitfalls of not getting documentation exactly right have become all too clear for a lender following a recent Court of Appeal hearing . The case arose because the lender wished to rely on the guarantees given over a debt by a group of guarantors. ...

Allowing Use of Land May Create Irrevocable Rights

When land has been used by someone who has no legal entitlement to use it for 20 years without interruption, an ‘easement’ can arise under the Prescription Act 1832 . In principle, an easement gives the legal right to continue the use...

Teenager's Wishes Decisive in Contact Dispute

In a ruling that underlines that the wishes and feelings of children can be decisive in even the most intractable family cases, a father has won a seven-year battle to have more contact with his daughter. The ‘doggedly persistent’ father had...

When is a Public Need Not a Public Need?

The High Court recently had to deal with the question ‘What constitutes a public need?’ when it faced a planning appeal against an application for the creation of a very ‘upscale’ golf club and spa resort, which was to be built on...

Application to Appeal IHT Relief Claim on Holiday Lettings Rejected

The door appears to have finally slammed shut on a family’s attempt to obtain Business Property Relief (BPR) from Inheritance Tax (IHT) in respect of a property which had been operated as a furnished holiday letting by their late mother. It has...

Law Commission Backs 'Qualifying Nuptial Agreements'

Following hard upon a case in which the court refused to uphold a pre-nuptial agreement signed by a city lawyer and his bride-to-be on the day before their wedding, the Law Commission has published proposals for pre-nuptial agreements to become binding in...

Prove It or Lose It

A recent tax case shows how important it is to be able to prove one’s claims when dealing with the tax authorities. It involved a couple who moved to Belgium in 2001, having left the UK before 6 April that year. They were admitted as permanent...
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