Start of Year Tax Planning
The early months of the tax year are a good time for savers to think about tax planning for the current year. In particular, now is a good time to think about investments that produce regular income –...
View ArticleChild Maintenance - What's New
Changes in the system for dealing with child maintenance claims will soon be fully implemented, with cases currently dealt with by the Child Support Agency being transferred to the Child Maintenance...
View ArticleNational Trust Membership Rules Out Judge in Planning Dispute
When a planning appeal to which the National Trust was a party came before the court and the judge due to hear it was a member of the Trust, he was automatically disqualified from hearing the appeal....
View ArticleCourt Rejects Will Made Under Undue Influence
When an elderly and ill woman was put under continual pressure by her brother-in-law to change her will in favour of his children, whom she rarely saw, her resolve finally cracked and in a bid to have...
View ArticleFair Comment Still Comes at a Cost
When a businessman voiced his opinion on planning matters by joining a planning action group which opposed the construction of two biomass power plants, he did not expect his past business record to...
View ArticleBusinesswoman's 163;2.7 Million Divorce Award Upheld
A businesswoman who was belittled as being ‘no more than a receptionist’ by her multi-millionaire husband has had her £2.7 million divorce settlement upheld after the Court of Appeal ruled that her...
View ArticleIHT Changes For 'Non-Doms'
With one in six British marriages now involving a spouse not domiciled in the UK, problems involving the tax consequences of domicile are becoming increasingly common. Most of the press coverage...
View ArticleUndue Influence Claim Fails
Many people fail to make a will, thus causing problems for surviving family members. However, difficulties can also arise when a person makes several wills, particularly if these contain drafting...
View ArticleMortgage Debt Not Regulated by Consumer Credit Act 1974
A couple who defaulted on their £500,000 mortgage have failed to convince the High Court that the loan is unenforceable by reason of the lender’s failure to comply with the safeguards contained within...
View ArticleCourt Upholds Deferment of Payment After Business Fails
A businesswoman whose business fell victim to the recession has persuaded the family court that it would be appropriate for the settlement she had agreed to pay her ex-husband to be varied. The total...
View ArticleBeneficiaries Prevent Sale of Family Trust Shares
The power of trust beneficiaries to direct in certain circumstances the actions of the trustees of the trust under which they benefit was clearly shown in a recent High Court case in which...
View ArticleDaughter Gains Property in Litigation With Mother
Failing to make formal arrangements over who should own property is a frequent cause of family disputes. One such case concerned an industrial unit, which was owned by a businessman who rented it out....
View ArticleIncorrect Drafting Leads to Court Appearance
An elderly couple who, without taking legal advice, tied up almost half of their net assets in a discretionary trust which, due to a drafting error, did not reflect their true wishes or offer them the...
View ArticleFrench Tax Changes Mean More Food for Thought
The French Government passed measures last year which have increased the taxes payable by non-resident owners of properties in France and further rises are planned. Since 1 January 2012, the rate of...
View ArticleProfessionally Drafted Will Thrown Out by Court of Appeal
A legal battle which led to a six-day trial resulted in the Court of Appeal declaring that a will was invalid, even though it had been drafted by an experienced solicitor. The case concerned a will...
View ArticleWoman Wins 163;55,000 for Boat Accident
A woman who crashed into a stanchion on a boat during a river trip, suffering injuries to her face, has been awarded damages of £55,000. Sinead McGlinchey, 23, was attending a surprise barbeque party...
View ArticleThree Days in Court the Result of Informal Arrangements
When land is owned in trust for the benefit of more than one person, the question of what should be done with it can be the source of dispute. Often, the best solution is to partition the land between...
View ArticleFurnished Holiday Lettings IHT Claim Fails
The shock result of a recent tax case will send reverberations around the furnished holiday letting (FHL) industry, after the court reset the bar regarding the level of service provision that has to...
View ArticleEstate Agent Abused Power of Attorney
The dangers of giving a power of attorney to the wrong person have yet again come into focus following the conviction of a Birmingham estate agent who had stolen more than £250,000 from an elderly...
View ArticleFather Entitled to 'Proper Relationship' With Son
In a ruling which emphasises the importance of fathers in the lives of young children, the Court of Appeal has upheld a man’s right to have contact with his eight-year-old son. Despite concerns...
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