Legal News

High Court Scotches Plans for £1.8 Million Holiday Park Expansion

Planning decisions would be unpredictable and merely arbitrary if they were not based on carefully considered policies that have been subjected to public scrutiny. The High Court made that point in scotching £1.8 million plans for the expansion of a...

Instruction Sufficient to Allow Third Party Reliance on Arrangements

The purchase of properties abroad is a process that can be replete with disputes and financial losses for the unwary or unadvised. Whilst some foreign countries have presented few issues, others have had more chequered histories. Recently, investors went...

Breach of Trust Brings Jail for Fraudulent Trustee

Yet another sad case reported recently shows the wisdom of appointing only those who are absolutely trustworthy and/or insured professionals as trustees over your assets. The court heard how a trustee appointed to safeguard the assets of a 17-year-old boy...

Tree Felling Without Permission Proves Expensive

Ignoring tree preservation orders can prove to be a very expensive mistake and if your property has a protected tree on it, you should make sure any order is understood and followed and any necessary permissions obtained. Felling a protected tree without...

No-Fault Eviction to End: Landlord and Tenant Law Revisions Likely

Talk to a tenant and the lack of security of tenure is often brought up as a significant issue. For landlords, the inability easily to obtain possession of a tenanted property can often cause angst. There is little dispute that a good-quality, settled...

Rules are Rules

A recent case should serve as a reminder that rules are rules and 'close enough' often isn't! The Town and Country Planning (General Permitted Development) (England) Order 2015 states that 'the enlargement, improvement or other alteration of a dwelling...

Missed Deadlines Mean Missed Opportunities

Gerry Rafferty famously claimed that 'if you get it wrong, you'll get it right next time', but a recent construction dispute shows that this is often far from true in legal disputes: often, if you get it wrong, there is no 'next time'. The facts were...

Half of Estate Value Goes in Fees When Will Lost and Family in Dispute

When a person is appointed executor of an estate, they are given a reasonable period to progress the estate administration but cannot procrastinate without adverse consequences being likely. When a woman died intestate in 2012, she left behind a house and...

Possession Granted When Tenant Claims Argument is Over Same Facts

It is very common for tenants who run up rent arrears to effectively be given a second chance by the courts when facing an application by the landlord to repossess the premises. Often, such applications are stayed subject to compliance with a revised payment...

Failure to Challenge Repaving Results in Loss of Title

Failing to take active steps to protect your land from use by another can produce unfortunate effects, as a couple from York discovered recently. The couple own a bungalow which has a front driveway adjacent to that of the next-door bungalow – a...

Just Because You Agree Doesn't Mean the Court Will

It is common in legal disputes for the two sides to agree to suspend the court proceedings for a period so that they can get as much agreed between them as possible, and gather their evidence and prepare their arguments over what remains in dispute without...

What Exactly Is the 'Curtilage' of a Building?

Whether land is or is not within the curtilage of a building can be a decisive factor in many planning cases. The High Court considered the meaning of the word in ruling that a large hardstanding used for storing fencing materials did not fall within the...

Couple Outraged By 'Ugly Duckling' Home Cinema Win Six-Figure Damages

If building works on your home go wrong, strong legal representation can ensure that you are properly compensated. In a recent case, a couple who paid over £400,000 for a state-of-the-art home cinema, but did not get the architectural jewel they had...

No Will Means Negotiation to Decide Estate Split

A professionally drafted will is something every adult should have. Not only does it provide certainty as to who should inherit your possessions after your death, but it will also make things a lot easier for your executor at a time that is usually...

Defective Premises and Landlords' Duties - Guideline Court of Appeal Ruling

Landlords have a legal duty to keep the premises they let to tenants in a safe condition and if they fail to do so can be held liable for any injury or loss that results. Recently, a local authority was ordered to pay compensation to a council tenant who...
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