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A homeowner has succeeded in his application for a boundary determination after his neighbours extended their driveway and built a fence in front of his window. The homeowner had bought his house in 2021. A few months later, the neighbours had dug up part...
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The High Court has upheld the validity of a codicil to a woman's will which left the family farm to her two daughters and dismissed claims by her grandsons that she had promised the farm to them. The woman had passed away in 2020 at the age of 96. A will...
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Taxpayers who are unsure how to deal with any correspondence they receive from HM Revenue and Customs (HMRC) would be well advised to seek professional assistance, as was demonstrated by a recent case in which the First-tier Tribunal (FTT) refused a...
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The Court of Appeal has granted a wife leave to pursue an application for financial relief in England against her former husband, more than a decade after their Russian divorce. The couple were both Russian nationals and had lived in Russia throughout...
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A man whose home suffered damage because of problems with its foundations has been awarded provisional damages of more than £423,000 from the housebuilder from which he bought the property. The four-bedroom detached house, which the man had...
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The High Court has refused to make a Deprivation of Liberty order sought by a local authority in respect of a 17-year-old boy. The boy was estranged from his parents and had been accommodated by the local authority since shortly after his 16th birthday....
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Although Multiple Dwellings Relief (MDR) from Stamp Duty Land Tax (SDLT) was abolished with effect from 1 June 2024, cases dealing with its availability are still working their way through the courts. Recently, two purchasers of a house with an attached...
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The Family Court has ruled that four children should continue to live with their father , in what it described as a very long-running dispute between him and the children's mother. The children, aged between eight and 13, had lived with their mother after...
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A will purported to have been made by an elderly woman during lockdown has been declared invalid because she had not signed it in the presence of two or more witnesses, as required by Section 9 of the Wills Act 1837 . The will was dated 25 April 2020,...
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Where the record of a property's title at the Land Registry contains a mistake, Paragraph 5(a) of Schedule 4 of the Land Registration Act 2002 allows the register to be altered to correct it. The First-tier Tribunal (FTT) recently granted a homeowner's...
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It is essential to ensure that court orders are complied with during divorce proceedings. Recently, the Family Court refused a wife's application for relief from sanctions due to her failure to file and exchange her witness statement in accordance with a...
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The First-tier Tribunal (FTT) has come to the aid of a taxpayer who claimed that he had been a victim of fraud in relation to claims for Enterprise Investment Scheme (EIS) relief, granting permission for him to make a late appeal against assessments and...
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The High Court has upheld a woman's challenge to a will allegedly made by her late father, finding that the defendants had failed to establish on the balance of probabilities that it was genuine. The will had purportedly been executed in 2019, the year...
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In a guideline case, the Court of Protection has granted an application by an observer to a hearing for disclosure of the parties' position statements . The proceedings related to a patient who was suffering from a prolonged disorder of consciousness. The...
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In a case relating to the division of assets under a pre-nuptial agreement (PNA), the Family Court has ruled that a wife should be allowed to amend her case to formally plead conduct under Section 25(2)(g) of the Matrimonial Causes Act 1973 . It was common...
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It is wise to seek legal advice before making an application to the First-tier Tribunal (FTT) for a determination of liability to pay service charges. Recently, the FTT was unable to rule conclusively on whether the tenants of two flats were liable to...
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It is important to ensure you fully understand the rules of any tax reliefs claimed and take advice if necessary. Recently, the Upper Tribunal (UT) dismissed an entrepreneur's appeal against a decision that the provision of a Director's Loan Account (DLA)...
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The High Court recently rejected a challenge to the will of a woman who had experienced memory issues prior to making it. The woman had made the will in 2008. She left her interest in her and her husband's house to her elder daughter. After bequests of...
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When considering issues relating to parental responsibility for children, one of the factors the courts will have regard to under Section 1(3) of the Children Act 1989 is the children's wishes and feelings, in the light of their age and understanding....
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The register of a property's title can be rectified if it contains a mistake. The question of what constitutes proof of a mistake was the subject of a recent case in which the Upper Tribunal (UT) allowed a homeowner's appeal against a decision that title...
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The Government has published its response to the final report of the Digitisation Taskforce . The Taskforce has been assessing how the UK can eliminate the use of paper share certificates for traded companies, which create inefficiencies and costs for...
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When deciding what is in the best interests of a patient who lacks capacity to make decisions about their care, the courts will take into account any wishes and feelings expressed by the patient as well as the medical evidence. Recently, the Court of...
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The best way to ensure that your estate will pass to those you wish is to make a will and ensure it is kept up to date. Having a will in place will also make it easier to administer your estate. Figures from the Ministry of Justice (MoJ) show that the...
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The Court of Appeal has allowed a husband's appeal against a High Court decision upholding the validity of a pre-nuptial agreement (PNA), ruling that the wife's failure to disclose a significant proportion of her assets rendered the PNA invalid. The...
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All land in England ultimately belongs to the Crown. In a recent case which serves as something of a cautionary tale , a couple who were the directors and shareholders of a company that had owned a property when it was dissolved have been unsuccessful in...
