Legal News

If You Help Fund a Claim You May Be Liable if it Fails

It is not unusual for the cost of litigation – especially where a group of companies is involved – to be paid for in whole or in part by a person or organisation that is not directly involved in the dispute. It should be remembered, however,...

Judge Sees Through Attempt to Hide Assets

When a couple divorced in 2014, the ex-husband was ordered to pay his ex-wife periodical payments of £120,000 per year after he was found to have used a variety of stratagems to make himself appear worse off than he really was. A mere three months...

Business Tycoon's Wife Well Served by Lawyers Who Drafted Her Will

A solicitor's primary duty when drafting a will is to follow faithfully their client's instructions after giving accurate and level-headed advice. In a professional negligence case triggered by the early death of a business tycoon's wife, the High Court...

Insolvency and Assignment of Causes of Action - High Court Ruling

On the basis that a bird in the hand is worth two in the bush, it is common for liquidators of insolvent companies to assign (transfer the rights to) any claims that they might wish to pursue on behalf of creditors to specialists in the field. One such...

Take Care When Appointing a Non-Lawyer as Your Executor

When you appoint a solicitor to be the executor of your will, you can be assured that they will understand their duties and can be relied upon to comply with them. However, as a High Court case showed, the same sadly cannot always be said of friends or...

Court Corrects Parenthood Bungle

When a same-sex couple undertook fertility treatment which led to the birth of a baby girl, the intention was that both would be listed as her legal parents. However, due to mistakes made in processing the necessary forms, only one of the couple was shown as...

Two Wrongs Don't Make a Right

When a contract is breached and one party suffers a loss as a result, they are normally entitled to be compensated for their loss by the party that has breached the contract. Whilst there are a number of ways the breach can be dealt with by the courts, the...

Failure to Use Solicitor for Will Leads to Challenge

Charities are generally thought of as being mild and benevolent organisations and in many ways they are, but some can also be very aggressive when they are expecting to receive money from an estate and their hopes are dashed. The extent to which some will...

Government Must Prove its Case to Obtain Deportation

Marriages of convenience are normally entered into in order to give one of the spouses the right to remain in the UK. At present, EU citizens normally have the right to remain in the UK. However, that right can be removed if it is shown that it has been...

Letting Agency Fined for Breaches of Consumer Rights Legislation

Professionals who deal directly with the public are subject to a battery of consumer protection rules and failing to comply with them can be costly, both in financial and reputational terms. In one case, a letting agency that neglected to display a list of...

Ignoring Advice Not Path to Success

There really is little point in instructing lawyers to represent you if you do not then listen to their advice. In one case which illustrates this , two women dispensed with the services of not just one but two legal teams, after they were advised to...

Banter Doesn't Create a Contract

The trouble with light-hearted discussions of important business matters in a social context is that none of those present can really be sure whether any agreements apparently reached are serious or merely a joke. Exactly that happened in one case in which...

Executors and Taxes

An executor of an estate is personally responsible for his or her actions, so as well as there being significant duties, on occasions the role can also involve significant risks. One example of this would be where an executor completes the estate...

Family Proceedings - Anonymity Orders v Freedom of Expression

Family courts routinely grant anonymity to children involved in care proceedings, but that inevitably has an effect on parents and others who might wish to publicise their objections to judicial orders. Exactly that issue arose in one case in which a...

Company Credit Status Must Stand Alone

You may think that if people of substance are behind a business you have a dispute with, this acts as a source of comfort that any sum you are awarded against the company is likely to be met, but that is not necessarily the case, as a recent dispute shows. ...

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...
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