Objector Fails to Block Basement Extension Plans
A long leaseholder (a company) has failed in a High Court attempt to block neighbouring property owners’ plans for a substantial basement extension, comprising a swimming pool, play room and wine...
View ArticleCommercial Property Fails IHT Test
Hot upon the heels of a tax case in which it was ruled that a residential lettings business could constitute a ‘business’ for Inheritance Tax (IHT) purposes comes a ruling by the First-tier Tribunal...
View ArticleTwo-Year Rule for Partner Claims Justifiable, Rules Court
When a man was killed at work due to the negligence of a third party, his child (born six months after his death) was able to bring a claim for financial support under the Fatal Accidents Act 1976. The...
View ArticleHigh Court Upholds Deathbed Will Change
When a terminally ill man changed his will by codicil shortly before he died, in order to provide for the woman he had been living with for the 12 years prior to his death, his family sought to...
View ArticleTax Follows Source of Funds, Says Tribunal
When a bank account is held in the names of several people, the interest earned on the account normally ‘belongs’ equally to all of them. Does that mean that the tax liability on the interest is...
View Article'Bedroom Tax' Legal, Rules High Court
National charities have warned that thousands of the most vulnerable members of society will be threatened with homelessness, or having to go without food or heating, after the High Court upheld the...
View ArticleHomeowners Triumph in Storm Damage Claim
Householders whose homes suffered storm and flood damage reluctantly found themselves at the epicentre of a High Court case in which they defeated claims that they should be held personally liable to...
View ArticleCourt Applies Strict Letter of Consumer Protection Law
A case concerning a contract between a man who ran a removal business and a house owner, which was made at the home of the latter and followed up by an email confirming the contractual terms, has...
View ArticleVulnerable Woman's Will Overturned
A recent case concerned the estate of a woman who died in 2008 aged 98. One of her sons had lived with her during the final three years of her life after she had suffered a fall. She made a will in...
View ArticleJudge Ends Litigation War
When a divorced wealthy couple sought to wage ‘litigation war’ against one another, running up legal bills of more than £2.7 million in the process, the family judge was unsympathetic. Accusing the...
View ArticleNew Guidance for Charity Trustees
If you are a charity trustee, you may well be aware of recent cases in which trustees have been taken to court over shortcomings in the management of their charities and that, in some circumstances,...
View ArticleSame-Sex Marriages Latest
The Marriage (Same Sex Couples) Act 2013 received Royal Assent on 17 July 2013 and is expected to come into force in 2014. The legislation enjoyed a complex passage through the legislature, largely due...
View ArticleHelp to Buy - New Mortgage Guarantee Ownership Scheme
The Government has introduced a new scheme aimed at helping people purchase their own home. The Help to Buy – Mortgage Guarantee scheme, due to be introduced on 1 January 2014, will run alongside the...
View ArticleAIM Shares and ISAs - A Reminder
Clients holding shares in companies listed on the Alternative Investment Market (AIM) are reminded that, from 5 August 2013, it has been possible to hold such shares within an ISA, making gains and...
View ArticleWill Clarity Means Grandchildren Denied Inheritance
When the wording of a will is clear, the likelihood of a successful challenge is much reduced. A recent dispute over a woman’s will illustrates the point. The will in question gave the testator’s (the...
View ArticleReligious Belief Does Not Justify Discrimination
The Christian beliefs of the owner of a bed and breakfast have led to her fighting and losing an appeal to the Court of Appeal. The woman refused to allow a gay couple to stay overnight in a...
View ArticleArchitect Liable for Contractor's Errors
A couple who engaged a contractor to carry out work on their house have succeeded in their claim against the architect in respect of the cost of putting right defects in the contractor’s work. The...
View ArticleEight Months' Occupancy Not Residence, Rules Tribunal
When a woman and her husband separated and were subsequently reconciled, a Capital Gains Tax (CGT) liability was probably the last thing they were thinking about. The woman owned a house with her...
View ArticleCourt of Appeal Decides Anglo-American Child Residence Battle
Relationship break-ups where the couple are of different nationalities often present particular difficulties for the courts – especially where the custody of children is in dispute. A recent case...
View ArticleHeir Hunters Convicted of Fraud
When ‘heir hunters’ approached three family members with the unexpected news that they stood to inherit money from a person who died without leaving a will, they were asked to sign a contract giving 40...
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