Legal News

Court Accepts £6 Million Distribution to Attorney

When a person's affairs are being managed by someone else under a lasting power of attorney (LPA), there are strict rules about what the attorney can and cannot do with the assets placed under their control. The attorney is expected to safeguard the assets...

Resolving Disputes in the Boardroom

Boardroom conflict can often mean directors falling into opposing camps, with deadlock the result. As a High Court decision shows , taking legal advice is often the only means of achieving a resolution. The case concerned a holding company that was formed...

Long-Term Partner Wins Right to Stay in House

Those who doubt the legal advantages of getting married should take note of a case in which an elderly man was left facing homelessness after his partner's unexpected death and had to go to court to seek reasonable provision from her estate. The unmarried...

Law Overrides Will That Excludes Partner

The law that allows someone who was dependent on a deceased person during their lifetime to make a claim against their estate if there is no, or inadequate, provision for them in the will is one of long standing (the Inheritance (Provision for Family and...

Supreme Court Says No to Divorce Based on Weak Unreasonable Behaviour Claim

The Supreme Court judges' decision to prevent a wife from divorcing her husband , which was made 'without enthusiasm', is expected to lead to calls for a rapid change in the law. The case arose after a wife's application for a divorce was opposed by her...

Failure to Comply With Order Means Loss of Right to Present Oral Evidence

When attempting to negotiate any dispute it is important to assemble fully your arguments, so that you can state your case with the greatest vigour, and to comply with any directions issued by the tribunal. This is also true when a dispute is being...

Deliberate Mistruths in Estate Administration Mean Court Hearing

When an estate is to be administered, an application for probate must first be made if the deceased left a will. Once probate is granted, the process can begin. However, the mere granting of probate does not mean that all is said and done on the matter, as a...

Switzerland, Not London, the Right Venue for Big Money Divorce

The perceived generosity of English judges in big money divorce cases has made the UK the venue of choice for some – but anathema for others. However, as one case showed, judicial priorities have more to do with fairness than finance. The case...

Supreme Court Rules in 'Gay Cake' Case

In a unanimous judgment, the Supreme Court has ruled that a bakery in Northern Ireland's refusal to make a cake bearing a slogan in support of same-sex marriage was not discriminatory. The legal battle began four years ago after Ashers bakery, a family-run...

If You Agree to Abide by Rules...

Football Association (FA) rules require that, where disputes arise between players' agents and clubs, they must be resolved by arbitration rather than by public court proceedings. The extent of that requirement came under analysis in a High Court case that...

Can a Will Be Valid if You Can't Read it?

One of the requirements for a will to be accepted as valid is that the person who makes it must have 'knowledge and approval' of its contents...in other words, they must understand what the will says and what it means in practice. It might seem, therefore,...

Force Majeure Attempt to Avoid Agreement Fails

Oil exploration is a risky business and industry contracts commonly make provision for unforeseen events that interrupt production – known to lawyers as 'force majeure'. Force majeure clauses are common in many other types of contract also. In a recent...

Get an Agreement - Especially Where Family Members Are Involved!

It is normal for money, often considerable sums, to pass between family members. However, when this is done without legal advice, it is only too common for disputes to arise as to whether or not the sums concerned were meant as gifts. Disputes between family...

Wife Seeking Divorce Fails to Prove English Domicile

London has gained a reputation as 'the divorce capital of the world' because settlements reached are, by international standards, very generous towards women. It is no surprise, therefore, that the courts in this country are a very popular choice of venue...

Asset Freezing Can be Costly

Asset freezing injunctions can be a crucial tool in commercial litigation – but applying for them is not for the faint-hearted. If a freezing order is granted, it can be cataclysmic for the owner of the asset, as it prevents them (in effect) from using...

Unmarried Partners and Widowed Parent's Allowance - Supreme Court Rules

A decision of the Supreme Court announced today has important implications for unmarried partners of people who have died. The case involved a woman from Northern Ireland who was denied Widowed Parent's Allowance (WPA) after her partner of 23 years passed...

Financial Claim Based on Support After Divorce Fails

The usual course of events on divorce is that there is a financial settlement which divides up the family assets as they are at that point in time. This takes into account the expected future income and need for income of the couple who have split up, based...

Farmer Acts to Protect Family Promise

Farming families appear regularly in the courts these days, as more and more cases arise that feature undocumented promises that have been made (or are alleged to have been made) by parents but not kept. The law will only enforce such informal arrangements...

Non-Disclosure is Fault of Policyholder Not Brokers

It is no real surprise that insurers are often not wildly enthusiastic about paying claims and will deny liability when they are able to do so. One condition which is normally present in a policy application is that the insured discloses any past criminal...

Possible Separation From Mother Intolerable, Rules Court

Relationships that start on the Internet are already leading to some interesting situations. A recent family case involved a British woman who had met a Pakistani man online and married him in the USA, where the couple had two children. Her husband had...

Registered Your PSCs Yet?

Every UK company is required to identify the people who are 'persons with significant control' (PSCs). Essentially, PSCs are the people who own or have significant control over the company. Their details must be lodged with Companies House. Surprisingly,...

Disappointed Children Fail to Overturn Will

When a will is made late in life which materially changes how an estate is to be distributed (especially when the new will favours one of a number of children), a dispute following the death is almost inevitable. So it was when an 85-year-old woman made a...

Pre-Nup Upheld When Implications Understood

Family judges will approach pre-nuptial agreements with greater respect following a landmark Court of Appeal ruling in a 'big money' divorce case . The Court agreed with Lord Phillips' opinion in Radmacher v Granatino that failing to honour such...

Oral Contract Variation Invalid, Rules Supreme Court

The Supreme Court has decided a case which will be of significance to anyone who is used to making oral variations to contracts. The dispute involved a firm that had a licence to occupy office space provided by another company. The contract term was 12...

Witnesses Save the Day for Widow in Will Argument

A divorced man who remarried in his late 50s made a new will in 1998, one year after the marriage, which left his entire estate to his new wife. After he died, a home-made will was discovered, made shortly before his death. This left virtually his entire...
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