Buyer Who Failed to Complete Must Pay for Loss of Value
In these straitened times, it is regrettably not uncommon for a buyer to withdraw from the purchase of a property after a legal agreement to purchase has been completed. When this happens, the vendor...
View ArticleTax Evasion Leads to Prison and 163;500,000 Repayment Order
Two company directors who lied to HM Revenue and Customs (HMRC) when under investigation for possible tax offences have been jailed for tax evasion and fraud. The pair ran a successful IT firm. When...
View ArticleCompany Assets and Divorce
One of the most difficult aspects of divorce is often the negotiation of the financial settlement: this can be particularly thorny when there are substantial sums involved. Often, assets are held...
View ArticleWill Challenge Fails
If you sign a will that is incorrectly drafted, you may think it would be a simple matter for the will to be amended after your death. Regrettably, this is often not the case. A will can be varied,...
View ArticleHow to Take Care of Your Pets After Your Death
Many people will have read the recent reports of a 67-year-old lady, Marlene Howes, who was prosecuted for allegedly fraudulently claiming pension tax credits and for allegedly concealing that she had...
View ArticleCareless Talk Costs Land
A recent High Court case shows the dangers of negotiating in a dispute without legal representation. It also illustrates that an agreement which disposes of an interest in land does not have to be in...
View ArticleUninsured Drivers and 'Proportionate Damages'
Most people know that when someone is injured in an accident caused by an uninsured driver, compensation is still available. However, when an insured person has given an uninsured person permission to...
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...
View ArticleHomeowner's Fine for Breaching Planning Laws Justified
A homeowner who was fined £960 after he failed to comply with a local authority enforcement notice requiring him to demolish an unauthorised extension to his property has lost an appeal against his...
View ArticleCharity Trustees Censured for Payment to Redundant CEO
When the trustees of a charity agreed a severance payment for a departing senior officer without taking professional advice, their decision was clearly open to criticism. The trustees of the Glasgow...
View ArticleTrust Cannot Be Used to Hide Assets, Rules Court
A divorcee who considered that her husband had set up a trust in order to defeat her claims for a financial settlement on divorce has obtained the agreement of the High Court that the documentation...
View ArticleAttorney Control Absolute, Rules Judge
When someone is appointed under a power of attorney, their obligations can be onerous enough without the person who appointed them (the donor) trying to impose restrictions on their ability to...
View ArticleTax Case Cheer for Owners of Second Homes
Many countries charge the equivalent of Capital Gains Tax (CGT) on the profits made when a person’s private residence is sold. The UK does not. In addition, the availability of an election as to which...
View ArticleNegligent Survey Brings Loss Claim
A firm of surveyors which carried out valuations that overstated the value of three properties found itself defending an action for negligence recently. The surveyors had issued valuations on which a...
View ArticleIncautious Blog Costs 163;25,000
Blogging is becoming increasingly common and there is a widespread belief that ‘anything goes’ on the Internet. However, this is not the case – as a woman who criticised a council chief executive found...
View ArticleGrieving Widow's Will Declared Invalid
An 80-year-old woman’s will has been declared invalid by the High Court on the ground that she was suffering a grief reaction following the deaths of her husband and her twin brother when she signed...
View ArticleHMRC Attack on Discounted Gift Scheme Succeeds
So-called ‘discounted gift schemes’ have been used in Inheritance Tax (IHT) planning for many years. The basic idea behind them is that a gift is made by a person whose estate is likely to be subject...
View ArticleCompany Assets and Divorce
One of the most difficult aspects of divorce is often the negotiation of the financial settlement: this can be particularly thorny when there are substantial sums involved. Often, assets are held...
View ArticleReasonable Decision Confirmed by Court of Appeal in House Defects Case
When the owners of houses that were built on piles discovered that the walls of their properties were cracking, they established that the reason for the problem was that the piles underpinning their...
View ArticleHMRC Tighten Property Ownership Disclosure
HM Revenue and Customs (HMRC) have had difficulties in the past in checking on property sales to ensure that the ‘principal private residence’ exemption for Capital Gains Tax (CGT) is being used...
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