Latest News

Prisoners Unfairly Denied Consideration for Child Contact

Mothers serving a prison sentence who have sole caring responsibility for children under 16 years of age are normally allowed to spend up to three days every six months at home as the end of their sentence approaches. This is termed ‘childcare...

Tenant Denied Right to Break Lease Because of Late Payments

A tenant that was seeking to break a lease has surprisingly been found by the court to have failed to give a valid break notice because it had not paid sums that were outstanding but which had not been demanded by the landlord. The lease stipulated that...

Style the Clincher in Copyright Case

There is a common belief that because something can be viewed on or copied from the Internet, it is free for anyone to use. This is not the case. Nor is it the case that making use of someone else’s work and transforming it into something that seems...

Paying Charitable Trustees

Although it clashes with the principle of giving one’s time voluntarily, the demands and responsibilities put on some trustees of charities are such that paying them will be a necessity in order to obtain people with the requisite levels of experience...

Court Takes Commonsense View in Will Case

The courts are loath to ‘infer’ provisions into any sort of document, let alone one as final as a will, unless there is a compelling reason to do so, so a recent case in which a will made in Italy was challenged is instructive on when the court...

Oral Contract Claim Fails

There are not many people who would recommend doing the lottery as a certain path to success, but we regularly see instances of disputes going to court where the outcome is so uncertain as to make the proceedings tantamount to a lottery. Nowhere is this...

Failure to Cut Ties Prevents Non-Residence Claim

HM Revenue and Customs (HMRC) have won yet another victory in a tax case in circumstances in which the facts were such that it is very unlikely indeed that a challenge would have been made just a few years ago. The case involved a doctor who bought a...

Unfair Post-Nuptial Agreement Set Aside by Court

A Russian ‘serial non-discloser’ of assets said to be worth millions of pounds had his attempt to bind his ex-wife to the terms of their post-nuptial agreement dashed recently in the family court. The agreement was entered into in Israel after...

When it is Time for the Young Ones to Take Over

In any family business, when the owners wish to retire and pass the business on to the next generation, as opposed to selling it, there are many aspects to consider. In general, planning for this eventuality cannot start soon enough as the earlier such...

Planning Cannot Authorise Nuisance

Doing your research into the neighbourhood before you buy a new house is common sense, as a recent case shows. The case was heard in the Court of Appeal and involved an application for an injunction and a claim for damages against the owners of a...
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