Legal News

Air Quality Targets and the Planning Regime - Court of Appeal Test Case

The Government is duty-bound by European law to ensure that specified air quality standards are met as quickly as possible. However, the Court of Appeal has ruled in an important test case that that duty does not extend to a general obligation to refuse...

Fake Will Admission May Lead to Criminal Charges

When your spouse's lack of attention to making a will causes issues, faking one is definitely not a good idea, as a Kent woman found out recently. Her husband died in 2013 leaving various properties in Spain and a flat in England, but no will. The woman...

Balancing Noise Nuisance Against the Needs of Industry - High Court Ruling

Industrial processes can be noisy and those responsible for them frequently worry that complaints from neighbouring residents will affect their businesses. However, as a High Court case showed , such concerns and the needs of commerce in general do carry...

When a Covenant May Be More Than it Seems

If you own or buy a property, you may find that there are covenants which apply to it, a covenant being a requirement to do something or refrain from doing something with your property. A covenant will benefit other property in the vicinity. Typically, a...

Attorney Allowed to Take Over as Executor

It is commonplace for people to appoint siblings or friends as their executors. When they do and they are of a similar age, there is a risk that when the person who has made the will dies, the proposed executor will have predeceased them or lack the mental...

Trading in the Winter Period - A Cautionary Note for Landlords

Weak economic growth and increasing competition is still wreaking havoc in the High Street and the quarter that starts in January is often make or break for retailers as it is traditionally the worst trading quarter of their year. Many commercial properties...

Disinheriting Relatives Can Be a Recipe for Discord

You may have good reasons for writing close relatives out of your will but, as any lawyer will tell you, the consequence of doing so can be family discord after you are gone. That was certainly so in one case concerning a father who disinherited his...

Tribunal Paves the Way for Suburban Garden Development

Restrictions on land use appear in the title deeds of many properties – but the law permits their deletion or modification if they become obsolete over time or stand in the way of reasonable development. Exactly that happened in one case in which the...

Landlord's Redevelopment Plans Must Not Be Conditional

A recent case in which a landlord sought repossession of a property from its tenant on the ground that it intended to redevelop the property has gained a great deal of attention, but may not be as important as it first seems. The facts of the case were that...

Son Who Did Not Do Enough Excluded From Farm Inheritance

When parents changed their wills to exclude their son from inheriting their £1 million farm after a family falling-out in 2016, he took the unusual step of challenging their right to do so. Normally, such challenges are made against the estates of...

Thinking of Dispensing With Legal Advice on a House Sale? Think Again!

Home-made contracts, particularly for the sale of land, are a singularly bad idea and can lead to costs that dwarf the modest sums needed to secure proper professional advice. Exactly that happened in one case in which a house purchase contract was so...

Court of Appeal Guidance on Use of Pay Less Notices

When a construction dispute arises and a pay less notice is issued, the Housing Grants, Construction and Regeneration Act 1996 requires that the notice should specify the sum considered to be due and the basis on which that sum is calculated. In a recent...

Court Visit Required to Give Clarity to Will

Many wills contain clauses which alter the distribution of assets in the event of changing circumstances, such as the death of one of the beneficiaries under the will before the person making it. When drafting such clauses, it is essential that they are...

Fraud Victim Sacrificed His Home by Delay in Seeking Legal Advice

If you have a legitimate legal complaint, any delay in consulting a solicitor is highly likely to benefit the wrongdoer. A man whose home was taken from him by fraud, but who delayed over 20 years before taking legal action, found that out to his cost. The...

What is a 'New Building' in Planning Terms? Court of Appeal Guidance

Can a building which incorporates parts of structures previously on the same site be described as 'new'? In upholding an enforcement notice that required total demolition of three residential buildings, constructed in breach of planning control, the Court...
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