Legal News

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...

High Court Rules Against Right to Rent

The legislation that introduced the Right to Rent scheme, which went live in February 2016 and compels landlords to check the immigration status of their tenants, has never been popular with landlords or tenants. Recently, the High Court ruled that the...

Woman Who Assisted Husband's Suicide Can Inherit Estate

The law in the UK is not supportive of people who assist, however unwillingly, those they love who want to die. Although such wishes are often borne out of suffering years of intractable pain or disability, assisting the suicide of another remains a criminal...

SDLT Reminder

Clients are reminded that, following the introduction of the Stamp Duty Land Tax (Administration) (Amendment) Regulations 2018 , the time limit for the payment of Stamp Duty Land Tax (SDLT) on property transactions has been reduced from 30 days to 14...

Adjudication Payments Must Be Made First

Payments under building contracts can be a touchy issue and have led to numerous disputes. Adjudication proceedings are intended to make the process of resolving building disputes simpler, but they themselves are replete with legal challenges on a whole...

Lost Will Means Court Hearing in Family Dispute

The impossibility of asking a deceased person what their real intentions were makes the value of these being clear before death quite obvious, as a recent case shows. It involved an elderly widow who died in 2016. After her death, her family discovered an...

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...
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