Legal News

Infrastructure Projects and Access to Private Land - High Court Test Case

Public authorities engaged in nationally significant infrastructure projects have the power to enter private land to carry out necessary surveys. An important High Court ruling in the context of the proposed construction of a road tunnel near Stonehenge...

Neighbours Succeed in Blocking Controversial Garage Extension

If a neighbour obtains planning permission for a building project to which you object, that does not always mean you just have to grin and bear it. In a case on point, objectors to a householder's plans to extend his garage succeeded in blocking his proposal...

Time Invested in Making a Will Is Time Invested Wisely

If you die without making a will, there is a real risk that your loved ones may be left high and dry. In one case, a man who said that he was grieving over his partner's death found himself bereft of legal rights and locked out of the flat they once shared. ...

Tenants Win Right to Acquire Subsoil and Airspace in Guideline Case

Qualifying apartment dwellers have a right to acquire the freehold of the buildings where they live, but does that extend to the subsoil beneath the premises and the airspace above? The Court of Appeal addressed that critical issue in a guideline decision....

When Is a New Home Complete? DIY Housebuilders Win £14,000 VAT Rebate

One of the benefits of building your own home is that you can claim back VAT paid on materials used in the project – but rebate applications have to be made within three months of the property's completion. That time limit came under analysis in a case...

Eminent Retired Judge's Intellect Weighs in Favour of His Will's Validity

Even people of the greatest intellect can be affected by diminished mental ability in old age and that is one good reason why it makes sense to execute a professionally drafted will sooner rather than later. A case on point concerned an eminent former judge...

Reinstatement Value - Factory Fire Triggers Insurance Test Case

Many insurance policies state that amounts payable in the event of loss or damage to property will be calculated on a reinstatement basis – but what exactly does that mean? The Court of Appeal considered that fundamental issue in the context of a...

Lordship of the Manor Almost Scuppers Residential Development

Lordships of the manor, whilst sounding grand, are often viewed as arcane titles with little real significance in terms of property rights. However, that is not always so and, in one High Court case, a lordship which was bought for just £100 almost...

Children Born Out of Wedlock Receive Shares of £1.29 Million Trust Fund

Few people nowadays care whether a child is born within wedlock, but the law is in some respects behind the times. In a ground-breaking ruling, however, the High Court has opened the way for illegitimate members of an extended family to receive shares of a...

When Do Two Offices Become One for Rating Purposes?

Are adjacent commercial properties in common occupation, but divided by a service area, to be treated as one unit or two for business rates purposes? The Upper Tribunal (UT) has tackled that thorny issue in a case that clarified the law and will have...

In Dispute With a Neighbour? Legal Advice Can Help Draw the Sting

Disputes with neighbours have a way of getting horribly out of hand, but legal advice taken at an early stage can help to draw the venom and save incalculable heartache and money in the long run. A case on point concerned flat dwellers who for years engaged...

It Always Makes Good Sense to Appoint a Professional Executor

Most people would consider it an honour to be chosen as executor of a friend's or relative's will. However, as a High Court ruling showed , the legal responsibilities that go with such a role can be extremely onerous and it usually makes better sense to...

Cafe Tenants Pay Price for Entering Into Unauthorised Sublease

Many commercial leases ban tenants from subletting the premises and breaching such embargoes can have severe consequences. In one case, tenants of a local authority-owned café sacrificed their rights by subletting it to a company. The tenants, who...

Overlooking is Not a Private Nuisance - Landmark Court of Appeal Ruling

If you are a property occupier and have noise, dust, noxious smells, vibrations or other forms of nuisance inflicted upon you by a neighbour, the law will provide you with a remedy. However, the Court of Appeal has ruled in a landmark case that that...

Making a Will? Don't Forget Your Moral Obligations

You are in principle entitled to bequeath your worldly wealth to whoever you choose. However, as a High Court decision made clear, the law will intervene if you ignore your moral obligations when making your will. A successful motor dealer and property...
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