These days the Human Rights Act 1998 (HRA) underpins the arguments in many cases in which people allege that being treated a certain way means that their human rights have been violated. It was, therefore, only a matter of time before the smoking ban, which...

On 1 October 2007, Lasting Powers of Attorney (LPAs) replaced Enduring Powers of Attorney (EPAs). Since that date, it has no longer been possible to create a new EPA, although those already in existence remain valid. According to the Office of...

Divorce can be a messy business at the best of times but following a recent ruling looks set to become yet even more complex. A couple from Gloucestershire divorced after 11 years of marriage. They had no children. The ex-wife...

When a person is fatally injured, it may be possible to make a claim for compensation under the Fatal Accidents Act 1976 (FAA). When the accident is the fault of another person, it is also normally possible to claim damages from them. In these cases the...

Many legal actions involving wills are based on the claim that the person making the will (the ‘testator’ or ‘testatrix’ in legal terminology) was not competent to execute it or on the allegation that that they were under...

To most people, ‘dwelling’ is just a fancy term for ‘home’ or possibly ‘house’. However, the difference in the meaning of words is a common source of legal dispute, as was illustrated in a recent case that also has...

If you are buying or selling property, having an 'understanding' of what covenants are meant to mean is no substitute for making sure the covenant is correctly worded  - as a recent case illustrates. The case concerned a property was...

In divorce proceedings, it is usual to make a full disclosure of assets and future financial prospects when agreeing the financial settlement. Failing to do so can cause a legal battle, as a recent case illustrates. It involved a couple...

The Inheritance Tax (IHT) implications of owning a second property should never be forgotten, especially when that property is abroad, when the IHT regime of the other country will also be a consideration. The harshness of the IHT...

Robert Gaines-Cooper, a Seychelles-based businessman, has lost his appeal against a decision of the Commissioners of Tax that his  connection to the Uk and numerous visits here were frequent enough for him to be resident here, based on the...

HMRC have issued new guidance on nil-rate transfers (transfers of the unused Inheritance Tax (IHT) nil-band to the surviving spouse or civil partner) - which will come as a relief to those caught up in the complexities of the process, which is by...

Motorists who kill while avoidably distracted at the wheel will face prison under new road safety laws which came into force on 18 August 2008. Section 20 of the Road Safety Act 2006 (RSA) creates a new offence of causing death by...

Thousands of organisations, such as residents’ associations, car-sharing groups and many others, are set up as informal unincorporated associations and many people might consider it an honour to be invited to join, or accept a place on the committee of...

From 1 October, all estate agents dealing with residential property in the UK have been required to belong to a recognised redress scheme . Estate agents in England and Wales who offer Home Information Packs (HIPs) are already required...

The law takes different positions on the responsibility of owners for damage caused by their animals, depending on the type of animal and the circumstances under which the damage occurred. A recent case illustrating this dealt with a road traffic accident...

On divorce, the valuation of a family business is often a highly emotional and contentious issue, so it was unsurprising when the divorce of a couple after 15 years of marriage led to an acrimonious dispute over the value of their successful restaurant...

When the financial arrangements are being made on divorce, the court must ask itself whether these are fair and do not discriminate against one party bearing in mind all the circumstances. Recently, a woman appealed to the Court of...

It is by no means uncommon for people to have money in accounts which they or their relatives have forgotten about and the scale of the problem is illustrated by the fact that the National Savings and Investment Bank (NSIB) says it has £435 million in...

An executor who ‘went too far’ recently found himself liable for the costs of beneficiaries which sued him for failing to administer the estate. The circumstances were that the estate of a lady who died in 2006 came to be...

We have previously reported that Heyday, an organisation for people in or nearing retirement, has challenged the Government over the inclusion in the Employment Equality (Age) Regulations 2006 of a mandatory retirement age of 65 or over, on the grounds...

A recent decision by the Court of Appeal could be bad news for council tenants pursuing their right to buy. When single mother Dawn Benjamin tried to exercise her right to buy the home she grew up in, having acquired the tenancy from her mother, she lost out...

5 October 2008 marks the end of the period in which transitional serial interests (TSIs) can be created other than on death. After this date, TSIs can no longer be created. The important issue is that succeeding life interests created during the life of a...

In cases where there is family wealth to protect, the joy of the prospect of one of your children ‘tying the knot’ may be tempered by just a touch of trepidation, particularly if a large settlement of assets will be made on the happy couple. ...

A recent case, which was brought by a family suffering as a result of exposure to excessive noise, has reached a decision which might be regarded as missing the point. The Watson family had the misfortune to live near a motor racing...

All homes offered for sale or rent will require, from 1 October, an Energy Performance Certificate (EPC). The requirement includes homes offered for sale before Home Information Packs (HIPs) were introduced, which were previously exempt. EPCs are an...

A judgment by the Court of Appeal illustrates that when someone dies without making it clear who should inherit their estate, this can result in a prolonged court battle and an outcome that may be very different from what the deceased person intended. It...

The rules relating to Individual Savings Accounts (ISAs) have been revised substantially since 6 April. The changes are aimed at simplifying what had turned into a rather complex regime. The good news is that ISAs continue to remain...

Local councils that achieve high levels of adoption are rewarded by increased funding, and this is widely thought to affect their adoption policies. The Court of Appeal recently criticised East Sussex County Council over its approach...

With tax returns due to be submitted soon (if you want HMRC to calculate your tax for you), a word of warning seems appropriate.    If you have a Direct Saver account with the Alliance and Leicester, it is worth checking your...

In principle, the notion of self-defence is straightforward. A person is entitled to use reasonable force to defend themselves against attack and in certain other circumstances. Self-defence is a valid defence against prosecution when the circumstances...

According to a recent report in the Sunday Times, HM Revenue and Customs (HMRC) are to breach the centuries-old principle of anonymity of Swiss bank accounts by ‘piggy-backing’ on a deal between the German and Swiss authorities which allows the...

Following a recent decision of the Law Lords that the Human Rights Act 1998 (HRA) does not apply to care homes which are run privately, the Government has announced it is to change the law. The case involved an elderly woman who was...

The law relating to covenants, easements and ‘profits à prendre’ over land is a relatively complex area given that such rights are common – the Land Registry has suggested that nearly two thirds of properties have some sort of...

On 18 August, two new driving offences came into force. These are causing death by careless driving and causing death by driving while unlicensed, uninsured or disqualified. The effect of the changes is to increase...

When one member of a cohabiting couple dies, it can come as an unpleasant surprise to the bereaved partner to discover that not all of their late partner’s estate will pass to them in the absence of a will. It is only when this happens that many people...

A recent case found the court considering whether a hot-air balloon, which carried passengers on pleasure trips, was an aircraft under the law. The case involved a man who was injured in 2003 when the balloon he was travelling in landed heavily. ...

The new Independent Safeguarding Authority (ISA) is due to commence operations in October 2009 and will be responsible for vetting the millions of people seeking to work with children or vulnerable adults. The ISA was established in January 2008 by the...

Tax law in the UK permits a person (or a couple who are married or civil partners) to have only one home designated as their ‘Principal Private Residence’ (PPR). The importance of this is that any gain on a PPR is exempt from Capital Gains Tax...

Under the Points Based System (PBS) for immigration most people applying to come to or remain in the UK to work or study who are not nationals of the European Economic Area (EEA) or Swiss nationals will, in addition to having to meet the criteria set by the...

Divorce can be highly confrontational and can involve a great deal of negotiation conducted by correspondence on the part of solicitors and their clients. This necessarily takes a great deal of time and can make, what is already a stressful process, even...

Following persistent criticisms of Home Information Packs (HIPs), Housing Minister Caroline Flint has announced new proposals 'to improve the quality and flow of information consumers receive through the HIP'. A ...

The Court of Appeal has overturned the High Court’s ruling that a boy who suffered brain damage after he was kicked in the head while playing on a bouncy castle should be awarded compensation that could have amounted to £1 million. ...

Much has been made of the Capital Gains Tax (CGT) changes, regarding the taxation of business assets, due to the abolition from 6 April 2008 of ‘taper relief’. However, the CGT position regarding non-business assets has also changed significantly...

A marriage carried out under foreign law will not be recognised as valid in England and Wales if it could not have been validly contracted under English law. This was the conclusion of the court after a Bangladeshi couple sought an order...

Rogue debt collectors face tough new rules in a Government bid to improve consumer protection in this contentious area. This is because of changes to the Consumer Credit Act 2006 (CCA) which have recently come into effect. Chief...

The danger of cohabiting without making an express agreement as to how the title to property is to be held has again been underlined by a recent case. It concerned a woman who had lived with a man for several years in a house which was...

A recent ruling of the House of Lords will come as a big blow to criminal conspirators hoping to protect their assets from confiscation under the Proceeds of Crime Act and related legislation. The judgment means that, where co-defendants have jointly...

The changes recently made in the Capital Gains Tax (CGT) regime are more far-reaching than has generally been understood. In this article, we look at the impact of the changes and work out who are the winners and losers. Losers ...

HM Revenue and Customs (HMRC) have issued a warning to homeowners who are seeking to make extra income by renting rooms out for short periods to those seeking accommodation whilst attending events such as Glastonbury and Wimbledon. Such income is...

The Government has announced that it is extending the temporary provisions for first day marketing whereby a property can be put on the market without a Home Information Pack (HIP), provided one has been commissioned and paid for and is expected to be in...

With the holiday season in full swing, we thought it might be a good idea to remind our clients that UK credit card companies can be held liable under the Consumer Credit Act for breaches of contract or misrepresentations arising out of foreign credit card...

A SIPP (Self Invested Personal Pension) is one of several types of pension provision in which a person can invest – but it is crucially different from most other forms of pension in that it is the purchaser of the pension who controls the investments...

Cases involving damage to a property caused by trees located on a neighbour’s land, especially those dealing with subsidence or heave due to roots, are fairly common. One complication that arises is where the tree in question is subject to a...

When one member of a cohabiting couple dies, it can come as an unpleasant surprise to the bereaved partner to discover that not all of their late partner’s estate will pass to them in the absence of a will. It is only when this happens that many people...

The earning capacity of a couple is a factor taken into account when decisions are being made about the financial arrangements following a divorce. A problem that can arise in such cases is what to do when the earning capacity of...

In these days of Home Information Packs, you might think that the details you get about a property for sale will be accurate in every particular. It may not be so, however, and if so, is the estate agent liable? A recent case clarifies the issue......

When promises are made but not kept, the law often provides no redress for the disappointed person, as a recent case involving a couple who looked after a friend demonstrates. The couple looked after their friend when he became unable...

A group of British holidaymakers has won more than £2.5 million in compensation for illness they suffered while staying at a hotel in Spain. Many holidaymakers contracted the ‘norovirus’ infection while staying at the...

A few years ago, enquiries and arguments over technical tax points raised by HM Revenue and Customs (HMRC) tended to be fairly relaxed affairs, with goodwill and a spirit of compromise being not uncommon. Regrettably, those days are...

The dangers of doing important things the casual way were spelled out clearly in a recent case in which a 37-year-old London man was recently left to count the cost of being an ‘informal’ sperm donor, after the Child Support Agency (CSA)...

A recent case, involving the family of a man who died and left his entire fortune to the Conservative Party, illustrates one of the main exceptions which can apply, in cases involving wills, to the normal rule that ‘the loser pays the costs’ of a...

The Government has announced that a scheme which will make unsold new homes available for housing association tenants is to be accelerated. The plan is aimed at making it easier for first-time buyers to get onto the housing ladder. ...

A claim that a will is invalid because of ‘undue influence’ having been brought to bear on the testator demands a high standard of proof in order to succeed....

A father who showed significant improvement in his ability to look after his son has been granted custody of the child by the Court of Appeal.   The child had been...

Being injured in a road traffic accident whilst on holiday is an occurrence, until recently, made worse in many cases by the difficulties which can arise in seeking legal redress...

Recent cases have shown the courts willing to back homeowners in their disputes with builders and insurers. In one case, the court had to deal with the common situation in which the cause of a fire was...

A will is only valid if the person making it has ‘testamentary capacity’, which is the basis of the phrase ‘being of sound mind’. In simple terms,...

It might well be a surprise to many, but when your child comes home from school with a bag brimming with photocopies, it might also be a bag full of copyright violations. ...

There have been several cases before the courts in recent years which arose because a house or property was purchased in the name of one of an unmarried couple and then when the...

The Government’s watering down of its proposals for the taxation of non-UK domiciled people has been well documented. Even after being made less aggressive, the new proposals do pose...

We often hear of children being taken into care, but the process by which this occurs is not well known. The Children Act 1989 lays down the circumstances under which it is...

When you ask for a redemption statement from your mortgage lender, it can come as an unpleasant surprise to see an additional charge termed ‘mortgage exit administration fee’ (MEAF), which,...

A recent case raised the question of whether an association could consist of a single person. Whilst the question might not seem to be of...

When a person is unable to pursue a claim against someone who has been made bankrupt on account of the bankruptcy having been discharged,...

HM Revenue and Customs (HMRC) have launched hundreds of investigations into the tax affairs of taxpayers they believe have...

Pre-nuptial agreements have been given a boost following a recent case involving a ‘serial divorcee’....

The Government has announced that it does not, for the time being at any rate, intend to proceed with reforms to the law that would have...

Home Information Packs (HIPs) are now required for most residential properties put on the market, but the list of...

A man whose home was destroyed by fire claimed under his insurance policy. The policy gave the insurer the right to reinstate the...

When financial arrangements are being made on divorce, the issue of the payment of maintenance is often in point. One of the...

HM Revenue and Customs (HMRC) have issued new draft regulations which are intended to reduce the number of reports which need...

A judge who in her verdict in a child care case failed to give adequate reasons for departing from the clear evidence of experts recently found her decision overturned by the Court of Appeal.  ...

If trustees act in a way that gives rise to an unintended liability to tax, the situation can be put right by going to court to have the trust deed rectified. Traditionally, all the trustee had to do was to persuade the court...

The high cost of long-term care in the UK is a well known problem to anyone responsible for funding it. Depending on the circumstances, the cost of such care can be the responsibility of a number of different entities and...

The number of individual voluntary arrangements (IVAs) is set to soar to over 50,000 this year, according to industry sources. This follows two years in which the number of IVAs has been slightly more than 40,000 per year.   One of...

  If you are subject to a long delay or the cancellation of your flight when on holiday, the airline is required to give you a leaflet outlining your right to compensation. If the delay or cancellation means...

When younger members of a family start a business, they often ask other family members to provide part of the necessary capital. If you are approached to do this and are willing to provide funding, it is often difficult to know how best to provide...

When an application is made to register land by adverse possession (the legal term for ‘squatters’ rights’), the onus is on the person claiming possession of the land to prove their right to claim the title to it. ...

The much-publicised divorce of Sir Paul McCartney and Heather Mills has led to a settlement in favour of Ms Mills of £24.3 million. Press speculation was rife that she might be awarded anything up to £60 million from Sir Paul’s fortune,...

A woman who was widowed mere hours after getting married has been ordered by the Court of Appeal to honour a promise her husband had made to his ex-wife.   Kathleen Soulsby...

Summary of Changes Affecting Private Individuals   This bulletin looks at the most important...

There is a popular misconception that pensions are something you get ‘at pensionable age’ and that therefore saving by way of pension policies offers little in the way of flexibility. This is certainly...

The recent Inheritance Tax (IHT) change which allows the transfer of ‘unused’ nil rate bands from spouse to spouse or from civil partner to civil partner has been generally welcomed, but it has caused some consternation as determining the...

The Adoption and Children Act 2002 does not require a local authority or other adoption agency to consult the father or extended family of a child put up for adoption by its mother. This was the ruling of the Court of Appeal in a case involving a mother...

Failure to make contractual terms clear is a sure recipe for trouble and in construction contracts, where the sums of money involved can be substantial, getting the contract terms agreed up front is always sensible. In a recent case, a...

The Home Information Pack team of the Department for Communities and Local Government has warned that some HIP providers are using what are called 'register views' of the...

HMRC have announced measures which are aimed at reducing the number of occasions when a report has to be made for IHT purposes. Draft regulations published recently will apply to excepted...

When couples divorce, their assets can be considered to arise from two sources. There are the assets created during the marriage, which are called ‘marital assets’, and those which are brought into the marriage by the spouses individually, termed...

The rules concerning whether or not income is taxable in the UK are affected by several factors. Recently, the Government has announced measures to curb what are seen as abuses of the system whereby non-domiciliaries who are resident in the UK avoid paying...

The panic that overnight turned Northern Rock from a respected High Street fixture to a lame duck saw thousands of holders of ISAs in ‘the Rock’ queuing to withdraw their savings. Faced with the loss of the Income Tax and Capital Gains Tax...

The Court of Appeal has reversed the decision of a lower court and decided that the financial settlement between a man and his ex-wife could not be used to pay the husband’s debts after he became bankrupt two years after their divorce. ...

With the economy seemingly set for a downturn, hopes are high that interest rates will be eased to reduce the risk of a full-scale recession. A recent poll of 49 economists showed that 44 of those believe that the Bank of England will cut its base rate by a...

The long-term lover of a man who had promised to marry her but died before they could wed has received more than £1m from his £3m estate. Multimillionaire Henry Bahouse and former dental nurse Cyd Negus had a...

The news that home repossessions are rising is not welcome in any quarter, but nor is it surprising. Many homeowners are facing difficulty making repayments on their mortgages and even more are facing a shock when their current fixed rate or discounted rate...

From 1 November 2007, certification under the Academic Technology Approval Scheme (ATAS) became a mandatory requirement within the Immigration Rules for students from non-EU/EEA countries who intend to enter or remain in the United Kingdom for more than 6...

A recent case, in which a man’s ex-wife sought an increase in the financial provision originally made for her following their 1988 divorce, has raised an interesting issue regarding the calculation of the division of the financial spoils on the...

The regime governing charities has been progressively tightened up over the years, making the sort of scandals that were once not uncommon much more of a rarity. This means that trustees now have to adopt a more professional attitude to the management of a...

A recent Court of Appeal case dealt with the effect on a right of way when the leasehold land over which the right of way existed was merged into a freehold over which no right of way had been granted. The owner of the freehold was unsuccessful in...

There are countless stories of buried treasure and recently a huge find of Roman artefacts was unearthed in London, but the public at large know little of the law relating to treasure trove and especially the law relating to items washed up on shore - most...

A planning permission for a property extension in a conservation area which, according to the local inspector’s report, would ‘preserve’ but not ‘enhance’ the area could not be overturned. The Local Structure Plan...

The right of secure tenants to buy their properties under appropriate circumstances is well known, but less obvious is what occurs when a tenancy which would give the tenant the right to buy is broken and then reinstated. In a...

When a property boundary is wrongly registered, an application may be made to the Land Registry for the plan showing the registered title to be altered. Recently, a local council applied to have the register amended after it...

More than 40 per cent of marriages now end in divorce so it is not surprising that more and more people are seeking to safeguard their individual positions by entering into a pre-nuptial agreement prior to marriage or securing protection by drawing...

A recent case has confirmed that in the absence of a demonstrated specific intention regarding the ownership of a property, the wording of a will cannot change its ownership. The case arose as a result of a challenge to a will...

One of the changes introduced by the Mental Capacity Act 2005 is that from 1 October 2007 the Enduring Power of Attorney (EPA) has been replaced with a revised type of power called a Lasting Power of Attorney (LPA). However, EPAs made prior to 1...

HM Revenue and Customs are concerned that many buy to let landlords are not paying enough tax. It is estimated that up to 80,000 have overstated their deductions for tax purposes by including the capital element of mortgage repayments (not allowable) as...

As the tax law changed many years ago, it is often forgotten that where a property is occupied rent-free by a dependent relative it will qualify for Principal Private Residence relief (PPR) for Capital Gains Tax (CGT) purposes, provided that the...

Child custody decisions (called residence orders in legal terminology) are one of the most difficult of all areas in family law. Often, there is a great deal of acrimony between the couple who have split up. This makes the decisions regarding which parent...

When people rely on the assistance of carers to manage their day-to-day affairs, it is often easier for them to deal with things informally, but this can sometimes cause problems. In a recent case, an elderly lady had help...

HM Revenue and Customs (HMRC) have announced that they intend to open enquiries into at least 100,000 taxpayers who have failed to comply with the amnesty, which ended on 22 June 2007, for disclosure of undeclared income arising on bank accounts held...

The High Court has ruled that planning permission for a property extension in a conservation area which, according to the local inspector’s report, would ‘preserve’ but not ‘enhance’ the area could not be overturned. ...

A recent Court of Appeal case dealt with the delicate question of whether or not the court had the right to inform children of the truth regarding their paternity. The case arose because DNA test results showed that the natural father of twins was not the...

In April 2007 the Department of Health introduced a new Mental Capacity Advocate service. At the same time, a new code of practice was introduced which makes it clear that the ill-treatment or neglect of a person lacking mental capacity is a...

Local authorities deal with many cases of intentional homelessness each year. A recent case provides useful guidance on the approach of the courts when a claim of intentional homelessness is founded on everyday behaviour rather than a specific action of the...

Further protection for consumers from unfair selling practices has been introduced from 2008. This should help to reduce the litany of complaints of sharp practice that abound in some areas of trade. The Unfair Commercial...

Over the last few years, the approach of the authorities towards acquisitive crime has increasingly moved from focusing on obtaining long sentences for serious criminals to ensuring that they are deprived of the wealth they have acquired through crime. ...

The Inheritance (Protection of Family and Dependants) Act 1975 exists to allow dependants who are not provided for out of the estate of a person to whom they are related or on whom they were dependent to claim against the estate in appropriate circumstances....

Since 1 July 2007, it has been a criminal offence to breach a non-molestation order, with a maximum penalty of up to five years’ imprisonment. Unusually, however, the victim of such breaches has the choice when taking action of opting not to take...

It is a general rule of thumb that on divorce, the marital assets should be divided more or less equally between the ex-spouses. However, there are circumstances in which this does not hold good and several factors can affect how the assets are apportioned....

Proposed changes to insurance law will make it more difficult for insurers to avoid liability for claims because of minor errors on application forms. Insurance law has always been governed by the principle of ‘utmost good...

The Government has announced that from 14 December 2007, ALL properties put on the market in England and Wales will require a Home Information Pack (HIP) and Energy Performance Certificate (EPC). Previously, only three bedroom and larger properties...

With the loss of data by HM Revenue and Customs making the headlines, it is worth pointing out two things which aren’t being talked about. Firstly,  the data stolen are those of recent claimants for child benefit and their...

An unusual divorce case has recently been heard by the Court of Appeal. It involved a divorced couple who were arguing about what should happen to their former matrimonial home. The court had ordered that it should be sold, on the basis that once it had been...

A barrister who failed to comply with an order to pay child maintenance was recently sentenced to six weeks in prison. The barrister had been ordered to pay £365 per month to the mother of their two children but had built up arrears of £43,000...

The High Court recently ruled that a claimant was entitled to know the extent of the insurance carried by the defendant in order to be satisfied that the defendant would be able to settle the claim should the award be substantial. The request to know was...

Smokers who go outside to light up in order to avoid contravening the smoking ban could still find themselves falling foul of the law if they fail to dispose of their cigarette butts properly. Kylie Henson, from Nottingham, has been...

It is not uncommon for the police to have difficulty identifying the actual driver of a vehicle caught on camera exceeding the legal speed limit.  A recent attempt by two motorists, both of whom were caught breaking the speed limit, to...

Energy Performance Certificates (EPCs) and Home Condition Reports (HCRs) can now be accessed via the Internet. These are currently held on central registers which provide an independent means for potential buyers and sellers (and those acting on their...

It is normally considered that in civil law cases the ‘balance of probabilities’ approach applies, so that if there is a 51 per cent probability that something claimed is true, then it is accepted. For criminal cases, the ‘beyond a...

Builder Dennis North had a considerable shock earlier this year when the court ordered him to pay his ex-wife, Jean, whom he divorced in 1978, over £200,000 in financial support. Mrs North had no source of income other than her...

For a case of clinical negligence to be proved, there must be a duty of care which is owed by the defendant to the person claiming damages. If such a duty of care exists, for an action to be successful, two further things must be shown. Firstly, the...

It is usual for a family’s biggest asset to be the family home and, in many cases, the value of the house dwarfs the value of the rest of the assets. In such cases, when a marriage breaks up the financial arrangements often allow one spouse to remain...

Chancellor of the Exchequer Alistair Darling’s 286 page pre-budget report  presages a reduction in economic growth and increased taxation. Although the Chancellor predicts that the Government’s net borrowing will fall...

Chancellor of the Exchequer Alistair Darling’s 286 page pre-budget report  presages a reduction in economic growth and increased taxation. Although the Chancellor predicts that the Government’s net borrowing will fall...

The first case of bigamy involving a person who entered into a civil partnership whilst still married has now come to court. Suzanne Mitchell, a mother of five from Shrewsbury, was found guilty of breaching the Civil Partnership Act 2004. Ms Mitchell entered...

HM Revenue and Customs (HMRC) have announced a new strategy aimed at maximising seizures of cash and other assets which represent the proceeds of crime. The strategy places an increased emphasis on the use of intelligence and, it would seem, a commitment by...

A recent House of Lords case has confirmed how critical it is to make sure that nothing is left to chance when purchasing a property. It confirmed the 2006 decision of the Court of Appeal that when a piece of land is landlocked (i.e. has no right of access...

The European Court of Human Rights has today handed down its judgment that the UK's law of adverse possession (which allows an unopposed squatter to claim legal title to the land they occupy after 12 years) is not a breach of the owner's human rights....

One of the changes introduced by the Mental Capacity Act 2005 is that from 1 October 2007 the Enduring Power of Attorney (EPA) has been replaced with a revised type of power called a Lasting Power of Attorney (LPA). However, EPAs made prior to 1 October...

A woman who misrepresented the paternity of her child to her ex-partner, and thereby obtained financial support from him as he believed himself to be the father, was recently ordered to pay him compensation. The woman gave birth to the...

Over three hundred years of tradition may come to an end soon following a decision by Lord Phillips, Master of the Rolls, that the wearing of wigs for judges in the civil courts should be abandoned. The decision follows Lord...

A man who died in Barbados leaving a will there as well as a will made in the UK created a problem for his family. The will made in Barbados was drawn up after his English will and contained the usual clause ‘revoking all former wills and testamentary...

A prosecution for drink-driving, which was ‘ambushed’ when the defence raised a new issue in its closing speech, made headlines recently when the Court upheld the right of the prosecution to introduce evidence to meet the point after it...

It is a well-established principle of English law that contracts involving land must be made in writing. However, that is not to say that just because an agreement relating to land is not made in writing, it is unenforceable. One...

When a person dies, there is often no right to receive any further payment under an annuity. However, many annuities are sold which have ‘guaranteed minimum payment periods’ – typically five years after the annuity first vests....

In many commercial situations, businesses are used to dealing with each other by the use of ‘standard form’ contracts. One of the common instances of the use of such contracts is in the building industry, where construction projects are often...

Clients are reminded that on 1 October 2007 Enduring Powers of Attorney (EPAs) will be replaced by Lasting Powers of Attorney (LPAs). After that time, EPAs will no longer be available. However, EPAs already in existence at that time will continue...

The Court of Appeal has ruled that a school which refused to clean and change an incontinent paraplegic student had not discriminated against him. The child suffered frequent accidents and a special needs coordinator...

A couple who applied to the court to have their granddaughter legally known by their surname were unsuccessful recently. The couple had had a special guardianship order made on their behalf and were raising the girl as if she were their...

The use of ‘nil rate band’ trusts for the legal avoidance of Inheritance Tax (IHT) is quite common, but a recent court case, which has attracted a great deal of attention, has pointed out a possible pitfall in such arrangements. ...

After the introduction of Home Information Packs (HIPs) on 1 August 2007, a HIP must be supplied when a property with four or more bedrooms is put on the market. Unsurprisingly, this has led to a proliferation of ‘three bedroom’ properties being...

One frequent area of dispute in the administration of estates is where an asset is gifted or sold at an undervalue by a person prior to their death. In such cases, if there is no benefit to the person making the transfer and there is no apparent reason for...

The number of people who are living together in a relationship but who are neither married nor civil partners continues to rise. Many of these people are probably completely unaware that they have few rights in the event of a break-up of their relationship...

A 72-year-old man has successfully used the Human Rights Act (HRA) in a case against a local authority care home which prevented him from leaving the premises. The man is blind and is further incapacitated as a result of having had a stroke. He did not wish...

As the summer holiday season comes around again, the thought of a permanent arrangement for discounted holidays in the sun could seem attractive, but take care! The Office of Fair Trading (OFT) has warned that there are many bogus ‘holiday clubs’...

After years of trial runs, changes and delay, Home Information Packs (HIPs) are with us from today. Much watered-down form its original form, the HIP now applies only to homes with 4 or more bedrooms. The contents of the ‘revised’ HIP...

Wealthy builder Dennis North had a considerable shock recently when the court awarded his ex-wife Jean over £200,000 from him for financial support. While such settlements are by no means uncommon, the oddity was that the couple divorced in 1978 and the...

The House of Lords has confirmed a recent decision of the Court of Appeal, which concluded that a previous tenancy which became a secure tenancy under the 1980 and 1985 Housing Acts can pass to the successor of a successor in certain circumstances. ...

Setting down on paper their intentions regarding the ownership of assets is not likely to be one of the first things two people think about when they start living together, but a recent case shows the wisdom in such circumstances of making sure that at least...

A man who died over sixty years ago was causing arguments in court recently, because of an ‘s’. When John Jones died, his will set up a trust to benefit ‘my brothers…and sisters in equal shares, the shares of any deceased brother or...

HM Revenue and Customs (HMRC) are ready to pounce on offshore tax-dodgers following the expiry, on 22 June, of their amnesty for people who have undeclared bank accounts outside the UK to make disclosure of them. HMRC have...

The Court of Appeal has surprisingly upheld a ruling which conflicts with the centuries-old right not to incriminate oneself. The ruling came when a firm was granted the right to obtain data from an ex-employee, an IT specialist, whom...

In a bid to comply with European Directives designed to combat money laundering, HM Revenue and Customs (HMRC) have announced that people either entering the UK from or leaving the UK for a country outside the European Union must now declare to HMRC any sums...

When a couple divorces, decisions regarding the custody arrangements (known as ‘residence orders’ to lawyers) of children are made with the central aim of providing the best outcome for the children of the divorcing couple. Normally, one parent...

It is a source of concern to lawyers and families alike that the majority of people never make a will. Often, the intention to make a will is there, but somehow the person never seems to ‘get around to it’ and dies or becomes incapable before a...