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Non-Molestation Breach Conviction Quashed Due to Misdirection Non-Molestation Breach Conviction Quashed Due to Misdirection

Legal Articles

Aug 16

Non-Molestation Breach Conviction Quashed Due to Misdirection

Harassment is an unfortunate fact in some relationship breakdowns. In a bid to reduce the incidence of harassment and molestation following splits, the Family Law Act 1996 made it a...

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Aug 16

Will Change Fight Can Go Ahead

Divorce is seldom straightforward, especially as regards the negotiation of the financial settlement. The lengths that some people will go to in order to disguise their assets or prevent assets...

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Aug 16

Administering Estates – Procedures and Pitfalls

A recent survey has shown that more than one in ten people who are thought to have died intestate (i.e. without leaving a will) may actually have made a will...

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Aug 16

Extending Your Home? Do You Need Planning Permission?

Planning rules relating to home extensions are complex but a householder's victory in a High Court test case is expected to make it significantly easier for some people to enlarge...

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Aug 16

Mental Capacity – Simplified System for Deprivation of Liberty Planned

The complexity of the law relating to people of diminished mental capacity has long been a bone of contention and, with an ageing population, the courts are being increasingly tied...

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Aug 16

Delusions and Dementia Do Not Invalidate Will

Many cases arise each year in which the validity of a will is challenged on the ground that the will's creator (the testator) was not of sound mind when it...

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Aug 16

Taking Children From Their Natural Parents Is Always a Last Resort

Not many people would disagree with the position that children should only be taken from their natural parents as a last resort and this is the view of the court...

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Aug 16

Moving In With Your Partner? Take Advice First

Entering into informal property transactions without the benefit of legal advice is a recipe for disaster, as a young man found out when his relationship with his girlfriend ended acrimoniously...

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Aug 16

Right to Refuse Treatment and Mental Illness

The right to die or to refuse medical treatment is a complex issue that has been the subject of debate for many years. It presents considerable legal, as well as...

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Aug 16

Is Your Investment Protected?

It may be thought that if an investment is entered into using a UK-based firm, that investment is covered by one of the statutory schemes established to protect investors. However,...

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Aug 16

Baseless Will Challenge Leads to Costs Consequences

The dangers of trying to upset the provisions of a properly drafted will were made clear in a recent case in which the daughter of a wealthy man insisted on...

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Jul 16

Contractor's Failure to Fix Should Leave Blame Unchanged

Owning a property at the top of a slope that was unstable presented a couple with obvious challenges, but when these were compounded by problems caused by leakage of water...

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Jul 16

Ex-Husband Discovers Why Court Orders Must Be Obeyed

It is inevitable that those in receipt of court orders often consider them to be unjust – but that is never an excuse for failing to obey them. The High...

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Jul 16

Regulators Make Sure That Debt Counsellors Can Be Trusted

It is a comfort to consumers that those who advise the public on money matters are tightly regulated and can be swiftly shut down if they fail to come up...

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Jul 16

Gift-Giving – Guidance for Attorneys and Deputies

When a person can no longer manage their own financial affairs, these will be managed either by their attorney (if a power of attorney has been made) or by their...

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Jul 16

High Court Backs Rectification of Potentially Disastrous Trust Creation

Few businesses have the emotional ties that characterise a family farming business and it is no wonder therefore that families often take considerable steps to prevent a family farm from...

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Jul 16

Rushing Into Property Purchase Proves Costly

People often complain about the length of time it takes to complete property deals. However, one Court of Appeal case, in which a contract for sale was signed on the...

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Jul 16

Divorce Settlements Are Not Always Set in Stone

Divorce settlements are designed to provide certainty and finality so that people can get on with the rest of their lives. However, an important Court of Appeal decision has underlined...

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Jul 16

Making a Will? You Can Make Whatever Bequests You Wish!

It seems only right that people can do what they want with their own money and can make whatever bequests they wish in their wills. In one case which underlined...

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Jul 16

Traffic Noise Blight Householders Win £125,000 Compensation

It is often thought that if a planning decision with which you are unhappy goes ahead and the development takes place, you must simply grin and bear it. This is...

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Jun 16

Jersey Tax Avoidance Scheme Runs Aground

The lengths to which people go to avoid paying taxes are sometimes surprising, and the schemes that are created to facilitate tax avoidance come under close scrutiny from HM Revenue...

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Jun 16

Sixteen Old Enough to Banish Parental Knowledge

The respective rights of children and their parents has long been a tricky subject for the courts. A recent case on this topic involved a couple's adopted 16-year-old child, who...

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Jun 16

'Know Your Client' Failure Costs Firm

Although clients often regard as a nuisance the extensive 'know your client' procedures that are required by financial institutions and professional firms, the importance of strict adherence is clear, as...

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Jun 16

High Court Puts Right £400,000 IHT Blunder

Even the most sensible attempts at tax planning can be undone by changes in the law and achieve the exact opposite of the intended objective. However, one High Court case...

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Jun 16

Help to Buy Aids 150,000

The Government has released statistics which show that more than 150,000 properties have been sold to buyers who have made use of the 'Help to Buy' mortgage guarantee and equity...

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Jun 16

Relationship Breakdown Hurts, But a Lawyer Can Help Ease the Pain

The breakdown of a relationship is sadly often accompanied by dispute over the ownership of once shared possessions. However, one High Court case vividly shows why it is nearly always...

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Jun 16

P2P Lending Losses Compensation Terms Announced

Peer-to-peer (P2P) lending has grown very quickly over recent years. It is a system whereby an intermediary acts as a broker to enable individuals to make loans directly to those...

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Jun 16

Court Aids Widow by Correcting Obvious Error in Will

Wills are written in a style which many would describe as 'legalese' but, as any lawyer will tell you, absolute precision is the objective. In one case which illustrates the...

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Jun 16

High Court Rules on Residential Development Contract Gone Bad

Building projects inevitably go wrong sometimes and those involved in such cases are wise to seek legal advice to achieve a swift and low-cost resolution. In a case where that...

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May 16

In the Style to Which One Wishes to Become Accustomed

Divorce cases involving the very rich are over-represented in court reports for the simple reason that where the family is very wealthy, the costs of arguing over the division of...

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May 16

Eyewitness Evidence Preferred to That of Experts

When a car hits a pedestrian, it is usual for the driver of the car to be held to be at fault, but this is not always the case. When a...

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May 16

It's All in the Timing

Selling the shares in a business you own and run attracts very favourable tax treatment in the UK and one of the most beneficial reliefs is Entrepreneurs' Relief (ER), which...

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May 16

Evidence Sufficient to Defeat Challenge to Will

A recent Court of Appeal case shows how important it is to carry out procedures properly in order for a person who clearly has impaired mental capacity to create a...

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May 16

Homeowner Defeats Planning Officer in Rates Row

In an important decision for property professionals, the High Court has ruled that, when considering the nature of a single unit of accommodation, a simple application of the 'bricks and...

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May 16

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,...

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May 16

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...

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May 16

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...

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May 16

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...

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May 16

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....

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May 16

Stamp Duty Land Tax and Second Homes – The Basics

Stamp Duty Land Tax (SDLT) was brought in to replace the old ‘stamp duty’ and has been complex since its inception. Among the transactions subject to SDLT are property sales. Levied...

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May 16

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...

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Apr 16

Insufficient Disclosure Negates Challenge to Enquiry

It is generally considered that if HM Revenue and Customs (HMRC) raise no enquiries in relation to a tax return in the year following its submission, that is the end...

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Apr 16

Have You Been Given Free Advice That Was Wrong?

Just because you haven't paid for professional advice doesn't mean that the person who gave it to you is relieved from liability if it was negligently given. A recent case should...

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Apr 16

In Brief: Guidance on Recruiting and Retaining Transgender Employees

In partnership with Inclusive Employers – a membership organisation for employers looking to build inclusive workplaces – the Government has produced guidance designed to provide employers with practical advice, suggestions...

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Apr 16

In Brief: Employing Reservists

The Ministry of Justice has published a toolkit for employers containing guidance and support on all aspects of employing reservists. This includes: details of rights and responsibilities, and financial assistance...

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Apr 16

Vicarious Liability in the Workplace

The Supreme Court has ruled in two cases that dealt with the vicarious liability of employers for incidents that took place at work. Employee's Extreme Acts In the first case (Mohamud v...

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Apr 16

Holiday Pay and Unearned Commission

The Employment Appeal Tribunal (EAT) has handed down its judgment in Lock v British Gas Trading Limited and Others, upholding the decision of the Employment Tribunal (ET) that domestic legislation...

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Apr 16

Dangers of Using Amateur Executors Exposed

A recent case clearly illustrates the inherent dangers of appointing amateur executors to administer your estate rather than qualified professionals. The executors were dealing with the estate of a deceased man...

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Apr 16

Whistleblowing

The Public Interest Disclosure Act 1998 (PIDA) – often referred to as the ‘Whistleblowing’ Act – was introduced in the wake of various workplace scandals and disasters after official enquiries...

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Apr 16

A Brief Guide to TUPE

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply to any size of business and protect the employment rights of employees when their employer changes as a result...

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Apr 16

Holiday Pay and Overtime

The right to paid annual leave is an important principle of EU law, the purpose of which is to allow a worker time to rest and enjoy a period of...

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Apr 16

Collective Redundancy Consultation – An Employer's Duties

Under Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA), employers have a duty to consult with appropriate representatives of employees concerning forthcoming redundancies if 20...

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Apr 16

Children's Views Given Greater Weight as Parental Control Wanes Over Time

When a marriage breaks up, the court's primary consideration is the welfare of any children, and their views are of great importance when a decision is being made as to...

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Apr 16

Weekend Cottage Tenant Sees Off £128,000 Insurance Claim

Anyone who lives in rented accommodation can breathe a sigh of relief after a tenant whose weekend cottage suffered severe flooding damage during a cold snap saw off a £128,000...

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Apr 16

Attorneys Who Denied Father Access to His Money Removed

The Court of Protection has come to the rescue of an elderly man who wished to have access to his own funds. The man, now aged 87, appointed his son and...

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Apr 16

Thinking About a Tax Avoidance Scheme? HMRC Issues New Guidance

HM Revenue and Customs (HMRC) are well known for their robust attitude towards tax avoidance schemes they consider to be questionable and, over the years, have introduced an ever-increasing variety...

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Apr 16

You Get What You Pay For

The Court of Appeal has handed down a decision which should give considerable pause for thought to anyone who is tempted to use a 'law shop' or similar provider rather...

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Apr 16

Warnign for Holders of US Assets

If you hold assets in the USA, you should be aware of an issue that has started to arise in estates in which there are US shareholdings, especially where these...

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Apr 16

Property Dispute Delays Estate Administration

Disputes over strips of property are common, and a typical result is that the resolution of the dispute costs many times the value of the land in dispute. This can cause...

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Mar 16

What is a House?

Another case on the definition of what constitutes a house for the purposes of the 'right to buy' legislation has been heard, providing further clarification on this contentious point. The premises...

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