Legal News

Business Use of Residential Property - Upper Tribunal Strikes the Balance

Any proposal to make business use of a purpose-built residential property is likely to draw objections. However, as a case concerning the planned utilisation of an urban dwelling as a privately run home for children in care showed , neighbours' concerns,...

Family Succession to Secure Tenancies - Court of Appeal Clarifies the Law

In the realm of social housing, there are few more controversial issues than a child's entitlement to succeed to the secure tenancy of a parent on the latter's death. As a Court of Appeal ruling showed , however, succession rights may quite easily be...

First Salvo in Bitter Inheritance Dispute Fired Before Deceased Laid to Rest

Making a will when your death is imminent is almost never a good idea and is often a positive invitation to dispute between your loved ones after you are gone. In a case on point, the first salvo in a tragic inheritance dispute was fired even before the...

Football Club's Crowd Control Challenge to Development Kicked Into Touch

Commercial property owners are often concerned that residential developments may prejudice their longstanding use of their premises. In a High Court case on point , a football club argued that planning consent was granted for thousands of new homes without...

Has Your Home Been Devalued by Public Infrastructure Works?

To state that location is the only important factor when it comes to valuing a home is a cliché and something of a generalisation. However, as an Upper Tribunal (UT) ruling showed , if public infrastructure works render the location of your property...

Inheritance - Your Right to Seek Reasonable Provision Dies With You

If you have not been reasonably provided for in a loved one's will, the law may come to your aid. However, as a High Court ruling made plain , your ability to seek legal redress cannot itself be inherited and will expire on your death. Following the deaths...

Applications for Fresh Commercial Tenancies - Court of Appeal Guidance

How does one decide whether a commercial tenant 'ought not' to be granted a new tenancy under Part II of the Landlord and Tenant Act 1954 ? The Court of Appeal addressed that and other important issues in a guideline case. The tenant of two newsagents'...

This is Why You Should Store Your Will Securely in a Law Firm's Vault

Law firms focused on ensuring their clients' peace of mind generally provide secure storage facilities for their important documents. A High Court inheritance dispute triggered by a landowner's missing will underlined the risks of keeping such documents at...

Quarry Owner Hit Hard in the Pocket for Causing Noise and Dust Nuisance

Some industrial processes simply cannot be carried on without producing noise and dust. As a High Court ruling showed , however, commercial property owners may be required to pay a high price if their activities enter the realms of nuisance. When a couple...

Property - Not Every One-Sided Bargain is a Product of Undue Influence

Where a transaction appears to be very one-sided or manifestly more advantageous to one side or the other, judicial eyebrows are likely to be raised. However, as a High Court ruling showed, such an imbalance does not necessarily mean that a bargain should be...

Another Sad Tale of a Farmer's Disinherited Children - High Court Ruling

The tale of a devoted son labouring for years on a family farm only to be cut out of his father's will is so often told as to be almost a cliché. However, as a High Court ruling showed , such stories are often reflected in the sad and recurring...

Retail Tenant Forced to Relocate Receives Compensation for Permanent Loss of Profit

When retail premises are compulsorily purchased by public authorities and forced to relocate, to what extent should compensation be paid for any resulting permanent loss of profit? The Upper Tribunal (UT) considered that issue in a guideline case . ...

False Claim to Be a Cash Buyer Ruled Fraudulent in Ground-Breaking Case

In coming to the aid of a frail and elderly householder, the High Court has ruled in a landmark case that she was on the receiving end of a fraudulent misrepresentation when a would-be purchaser of her home was falsely described to her as a cash buyer. A...

This is Why You Should Never Make a Will Without Taking Legal Advice

Making a will without the benefit of professional legal advice is an excellent recipe for strife between your loved ones after you are gone. That was sadly so in the case of a cancer sufferer who had no understanding that, when she signed her will, she was...

Can Planning Objections Amount to Harassment? Guideline High Court Ruling

Landowners intent on developing their properties can find it intensely annoying when neighbours resist their plans. However, as a High Court ruling made plain, the right to object to planning applications is one of the benefits of living in a democratic...
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