Latest News

Wife's Needs Must Be Met Despite Pre-Marital Agreement

When couples divorce, the courts will take pre-marital agreements (PMAs) into account but will also consider the needs of each spouse. This principle was demonstrated recently in financial remedy proceedings before the Family Court. The couple had signed...

Advice on Business Sale Not Tax Deductible, Supreme Court Rules

The Supreme Court has dismissed an appeal by an investment holding company in respect of whether professional fees in connection with selling a business could be deducted from its profits for Corporation Tax purposes. The company was part of a corporate...

Woman and Ex-Husband Must Repay Funds Missing from Mother's Estate

A woman and her ex-husband who allegedly lost substantial funds belonging to the woman's mother have been ordered by a judge to pay back the missing money. After the mother died in 2019, at the age of 86, the woman's sister brought proceedings in an effort...

Tenant Succeeds in Reducing Insurance Costs

Tenants who feel that they are being overcharged for services in connection with their properties are able to challenge the reasonableness of their charges. The First-tier Tribunal (FTT) recently reduced the amount a tenant was required to pay for insurance...

FCA Secures Order Against Unauthorised Mortgage Broker

An unauthorised mortgage broker and its associates who exploited vulnerable consumers have been ordered by the High Court to pay £4 million to the Financial Conduct Authority (FCA) . The order was obtained against a company that arranged mortgages...

RTM Company Cannot Recover Legal Fees from Tenant

When incurring costs in respect of a property, landlords should consider at an early stage whether these will be recoverable through the tenants' service charges. A right to manage (RTM) company recently failed to persuade the Upper Tribunal (UT) that legal...

Court of Appeal Overturns Finding of Inflicted Injury

The Court of Appeal has overturned a Family Court decision that tibia fractures sustained by a 10-month-old girl had been inflicted deliberately or recklessly by one of her parents. The parents were in a long-standing, stable relationship. The girl had...

Trade Mark Registration Breached Fiduciary Duty

A financial services company has succeeded in its appeal against a High Court ruling that it was not entitled to claim ownership of a trade mark registered by an LLP carrying out business on its behalf. The LLP was set up in 2007 as part of the...

Will Made Following 'Predatory' Marriage Set Aside

The will of a man who married his carer less than a year before he died and left everything to her has been set aside after his daughter challenged its validity. The man was 93 years old when he married his carer, who was then aged 54. Following the...

Pilot Illness Not Extraordinary Circumstance, Supreme Court Rules

Under Article 5(3) of Regulation (EC) 261/2004 (Regulation 261), an airline is not obliged to pay compensation where flights are delayed or cancelled due to 'extraordinary circumstances' which could not have been avoided even if all reasonable measures had...
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