Legal News

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,...

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...

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...

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...

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...

Court orders have to be obeyed and those who defy them can ultimately be sent to prison. Exactly that happened in one 'big money' divorce case in which an 83-year-old businessman repeatedly tried to thwart his ex-wife. Following the end of the former...

There was a certain irony to a recent report that the directors of a debt management company – set up to offer advice and assistance to those with debt problems – have been banned from acting as directors for a total of 23 years after action was...

One powerful reason why you should always seek legal advice before making your will is to ensure you meet your responsibilities to those who depend on you financially. In one case on point, the High Court effectively rewrote the will of a wealthy landowner ...

The Court of Appeal has made an important decision in a divorce case in which the main argument was over the availability of future income to fund maintenance payments in divorce settlements. The couple involved are both accountants and the husband is at...

Recent changes have made it easier for company directors to withhold disclosure of their private addresses in publicly filed documents. Prior to 2009, the usual residential address of all company directors was on file at Companies House in publicly...

Setting up family trusts with minors or those with mental incapacities as beneficiaries is by no means uncommon and it sometimes occurs that such trusts need to be varied for one reason or another. The mechanism for this is the Variation of Trusts Act 1958...

The validity of pre-nuptial agreements depends on legal advice being taken on both sides, equal bargaining positions and overall fairness. In one case, the High Court found that a wife in a big money divorce case was bound by such an agreement and awarded...

Directors have a wide range of legal duties that do not always coincide with their own interests, and seeking expert legal advice is the best way of ensuring that these are performed. In one case in which that did not happen, two directors of a phoenix...

Legal arguments between cohabitants who break up are commonplace. However, a recent case dealt with a lengthy legal dispute between the surviving partner of a gay couple and his deceased partner's family. The couple lived in a property that was owned by...

When a wealthy construction business owner and his wife divorced in 2011, a 'clean break' agreement was made to include the sale of the two properties they owned – the family home in the UK and one in Spain. In the event that neither had been sold, the...

When a tenant of industrial land failed to adhere to a notice to quit the premises, the landlord brought a legal action under the law of trespass for its lost rental income – £12,000 per annum. The tenant did nothing and the landlord then...

The dangers inherent in adopting a casual approach to one's will were starkly illustrated in a case that considered the validity of three 'templated' wills written by an elderly woman within a period of four years. The woman had three children and two...

Divorces where there is an international dimension often present specific issues, and a recent case involving a couple who had been living in Australia before they separated is no exception, leading ultimately to a hearing in the Supreme Court . The...

Some breach of contract claims are stronger than others, but even groundless cases come to court sometimes. However, with skilled legal representation, these can be identified and defeated at an early stage. In one case on point, the High Court struck out a...

Remarriages are a common source of disagreement and acrimony among family members and dementia is an increasingly prevalent issue, so it is unsurprising that when both were present, the result was a legal dispute in which the Court of Protection had to...

In a ground-breaking decision that prioritised the rights of the living over those of the dead, the Court of Appeal has opened the way for genetic testing of DNA extracted from a sample taken from a cancer victim before his death in order to clarify the...

Even the most careful drafting cannot always succeed in dispelling ambiguity or in making provision for all future eventualities. As a High Court case concerning a family trust showed, however, the courts are always there to act as a neutral umpire in...

It is hardly surprising that directors of companies that face insolvency often wish to recoup their investments before the balloon goes up. However, as one High Court case concerning a failed furniture retailer showed, they are not entitled to give their...

Family judges know that children normally do best when they have direct contact with both parents. The Court of Appeal underlined that point in a case concerning five ultra-Orthodox Jewish children whose transgender father had been ostracised by the close...

When new partners are being introduced into a partnership, it is wise to finalise the arrangements quickly in case the partners fall out. Any lack of formality in the business arrangements can lead to trouble, as a recent case shows . The case concerned...