Legal News

Government Makes Tendering Process Easier

The complexity and length of the tendering process for government contracts has for many years operated as a significant deterrent for small businesses that might otherwise wish to compete for lucrative public sector contracts. Recognising this issue, the...

Denied Divorce Case Heading to Supreme Court

It has been revealed that the widely reported case last March in which a wife was not granted a divorce from her husband because she could not demonstrate that his behaviour had been unreasonable will be decided by the Supreme Court. Under English law,...

Mutual Will Voids Thirteen Later Wills

Although a worryingly high proportion of the population never make a will, a fairly large number of those who do make more than one. It is sensible to make a new will or add codicils to an existing will if your circumstances change significantly. However,...

Breach of Contract - Court Takes Commercial Approach

Making the right decisions in the immediate aftermath of a breach of contract is of critical importance and, at such knife-edge moments, legal advice is essential. That point could hardly have been more clearly made than by a High Court case concerning an...

Parenthood is Not a Trump Card to Avoid Imprisonment

Imprisoning parents is inevitably traumatic for their children, and striking a balance between child welfare and appropriate punishment of criminals is a dilemma confronted by judges every day. However, a Court of Appeal ruling has emphasised that parenthood...

Estranged Daughter Gains Share of Late Father's Estate

The dangers of concluding that estranged children who have been disinherited will have no claim against a deceased person's estate were made very clear after a widely reported case decided last year. They have again been highlighted in a recent case in...

Recovery of Cross-Border Debts

Firms and people who fail to pay their bills are a significant nuisance for any business, but when the debtor is abroad, there may be a temptation to give up. Although recovery of debts from those who live overseas requires determination, English judges are...

GDPR - ICO Consults on Written Contracts

Under the General Data Protection Regulation (GDPR), which will apply to all EU member states from 25 May 2018, data processors have new responsibilities and liabilities in their own right, and both controllers and processors may be liable to pay damages or...

Equality of Division of Assets on Divorce Abolished? Hardly

The popular press has made a great deal of a recent Court of Appeal case , reporting that there had been a significant departure from the general principle that the assets built up by a couple during their marriage are to be split more or less equally on...

GDPR Guide and Steps to Take

The General Data Protection Regulation (GDPR) is a comprehensive data protection regime which will start to be enforced in the UK in May 2018. The penalties for non-compliance can be very substantial – for serious breaches, up to 4 per cent of global...

High Court Dementia Ruling - Judge Acts to Protect Widow

Amidst an ageing population, the role of judges in protecting the weak, vulnerable and infirm is of ever increasing importance. In one case that proves the point, the High Court stepped in to set aside land transfers made by an elderly farmer with dementia...

Failing to Plan Ahead Creates Problems for Family Companies

Although no one likes to think about their own death, failing to be prepared for all eventualities can cause chaos in family companies, which are often dependent for their success on the skills of a small number of people. The point could hardly have been...

Court Unsympathetic When Mum Takes Law Into Own Hands

No matter how much you may be tempted, taking the law into your own hands is not a good idea. When a mother who was divorcing her husband in Hawaii obtained the agreement of the US court to take the couple's children, aged 9 and 11, back to the UK for a...

Don't Litigate Without a Lawyer to Tell You When You're Wrong!

One reason why it is rarely advisable to represent yourself in litigation is that you need a good lawyer to tell you when you are wrong. That point could hardly have been more clearly made than by a case in which a widower claimed that his sister had made...

Small Data Protection Glitch Produces Big Financial Loss

When a local council published information in connection with a family's planning application for building works, it failed to think through the consequences of its actions. The result was that it placed sensitive personal data in the public domain. The...

Skulduggery in Divorce Proceedings Will Do You No Good

Resorting to skulduggery in divorce proceedings is sadly common but almost never does either side any good. That was certainly so in one case in which a man surreptitiously took documents from his ex-wife's home and sought – unsuccessfully – to...

Free Advice Given and No Contract? You May Be Liable

Any professional will know that there are many people who like to have free advice, and whilst this is seldom proffered in a social setting such as the pub, it is normal for friends to give one another advice. It was therefore unremarkable when a couple who...

Court Rejects Will in a Crisp Packet

Unfulfilled hopes of substantial inheritance are commonplace, both in fact and fiction, but not often do they lead to such ham-fisted attempts at forgery as that shown by a disappointed widow after her husband left her just £25,000 of his...

Mothers Denied Child Residence Orders

When a couple split up, it is very common for one of them to wish to move away, often to the area where they grew up or have family. This can create significant issues as far as the children are concerned and disputes in such cases are common. In a recent...

Average British person commits 32 crimes a year

Although 98% of British people consider themselves law-abiding citizens, on average we each commit 32 crimes a year. This is according to new research carried out by BT TV. This “crime wave” includes such offences as failing to pay for 5p...

Failure to Comply With Regulation Brings Jail for Moneylenders

Commercial moneylending is, with good reason, heavily regulated to ensure that unfair advantage is not taken of vulnerable borrowers. In one case that made that clear, two men who provided over £750,000 in finance to taxi drivers without any legal...

Managing the Affairs of Missing People Law Passed

With the general election hogging the headlines, the passing of the Guardianship (Missing Persons) Act 2017 , which received Royal Assent on 27 April 2017, went almost unreported. Although the date on which the Act will come into force has not yet been...

Court Unwilling to Force Family Home Sale

Taking legal advice when borrowing for any purpose is important, as a recent case in which a wife faced the possibility of the sale of her home when her husband was made bankrupt shows. When he faced financial difficulties in 2005, the husband raised a...

Government Bank Sale Tendering Dispute - High Court Ruling

Public tendering exercises almost inevitably leave unsuccessful bidders dissatisfied but the courts will only intervene if there is a legal flaw in the process. A consortium behind a failed bid to acquire a government-owned bank found that out when the High...

Car Bonnet Will is Valid, Rules Court

There are a number of requirements that must be met for a will to be valid and one of these is that the signing of the will must be witnessed by two people who are not beneficiaries. A recent case before the High Court turned on that point. It was brought...
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