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In a nutshell, a trespasser is someone who occupies property without the permission of the owner. Getting rid of trespassers is easy, right? In some cases, yes. But in cases of a relationship breakdown where one partner who owns the house asks the...
Often an overlap between family and criminal law can occur for victims or those accused of domestic abuse, harassment or threats. It is not unusual for victims of domestic abuse to require the advice of family law solicitors as well as criminal solicitors,...
Normal Expenditure out of Income Exemption An underused but effective Inheritance Tax exemption is the normal expenditure out of income exemption . It may be the case that an individual has income which exceeds their reasonable requirements,...
The case of Riva Properties v Foster & Partners concerned a successful professional negligence claim against the world-renowned architects, Foster & Partners. It is a cautionary tale of the consequences of failing to follow a client’s instructions. Whilst the case concerns architects, it is applicable to professional advisers of any specialism.
The Supreme Court has recently handed down a judgement in a case involving an individual's claim against his firm of solicitors,
A Health and Care Decisions Lasting Power of Attorney (LPA) allows you to appoint your choice of person or people to make health and care decisions on your behalf if you become permanently or temporarily mentally unable to make these decisions for...
Terms and conditions (“ T&Cs ”) are the bedrock of any commercial agreement. Whilst parties to commercial agreements are looking to establish and cultivate productive and profitable relationships, they are also concerned with limiting their...
In this article we will look at the circumstances in which a permanent exclusion can take place, what the exclusion process is and what you can do to support your child. The right to expel a pupil derives from the contract between the school and the fee...
Connected or still on hold? The Digital Economy Act 2017 (the “ New Act ”) has brought a much needed revision to the archaic and overcomplicated Electronic Communications Code 1984 (the “ Old Act ”). The New Act will...
In Phones 4U Ltd (In Administration) v EE Ltd , the High Court rejected EE Ltd’s claim for damages against Phones4U totalling £200 million. As outlined below, EE Ltd had made a costly mistake. Phones4U and EE’s relationship was...
It is a dangerous myth that once you have your Decree Absolute in divorce, this automatically dismisses all financial claims you and your spouse have against each other. This is not the case, a financial order is required to dismiss all financial...
A few weeks ago, the promoters of pop band Little Mix were sued under the Equality Act 2010 for failing to make reasonable adjustments in the form of providing a British Sign Language interpreter for a deaf concertgoer. The Claimant, a deaf mother, sued the...
“Not another article on GDPR!” I hear you cry. Businesses are increasingly aware that they need to be GDPR compliant by 25 May 2018 and are trying to work out what that means for them. There is plenty of information out there, but it is...
During the 2017 Autumn Budget the Chancellor of the Exchequer announced the First Time Buyer Stamp Duty relief which came into effect as of the 22 nd November 2017. There has been a mixed response to this new incentive which has been widely...
It is a restriction that you will find in many leases. A ban on tenants keeping pets in the property. An absolute ban seems pretty black and white; pets are banned, simple. But what if the lease says that you can keep pets but you need to seek...
Dealing with the death of a loved one is one of the most difficult experiences that a person can go through. This grief is made all the more painful when the loved one in question is taken before their time and leaves behind a young child or children without...
Judges are only human. They make mistakes and they get things wrong. This was illustrated all too clearly in the repossession case of Teign Housing v Lane. This was a Housing Association’s repossession claim against a tenant suffering...
When people hear the word ‘doping’ they automatically think of an athlete who was using prohibited substances to enhance his performance in a competition and therefore is a culprit worth banning from competing ever again. But what about the...
There has been a lot of discussion in the media recently about revenge evictions and the precarious status of tenants who occupy residential properties on short term tenancy contracts or on monthly periodic contracts. The argument goes that these...
The common-law marriage myth A recent poll conducted by the Office for National Statistics (Families and households: 2017) showed that unmarried couples living under one roof is the fastest growing family type in the UK, more than doubling from 1.5...
A landowner allows an individual to erect a beach hut on his land. That individual then starts using the beach hut periodically and pays an annual fee to the landowner. After a few years, the landowner wants the beach hut off his land. What is the landowner...
The case of General Motors UK Ltd v The Manchester Ship Canal Company Ltd concerned a licence agreement which allowed General Motors to discharge surface water into the canal for a modest annual fee of £50.
The Upper Tribunal has ruled that a landlord’s failure to shop around and obtain a competitive insurance quote meant that the premium was not “reasonably incurred” and therefore not payable by the tenants. In the case of Cos Services Ltd v Nicholson & Willans, a landlord was responsible for the insurance of a block of flats. The tenants were obliged to contribute to the insurance premium via the service charge.
Crowdfunding is the buzz word when it comes to raising funds – whether that be for an exciting new product, a kidney transplant or a new film. So, is this something we should all be getting involved in? Historically, financing a new enterprise meant...
With the rise of social media, it has become easier to share information and to do so quickly and without much forethought. The phenomena that is social media has made it far easier for individuals to look up reviews of everything, from restaurants and bars...
Boundary disputes between neighbours are a perennial problem. They always have been and they probably always will be. They rarely end well. They cause a great deal of animosity and tension. And disputes can arise in relation to the smallest patch of land...
Parties to litigation in England and Wales have an obligation to disclose to the other side all documents which are in their control and which are relevant to the litigation. This obligation extends to documents that assist the disclosing party’s case...
For the second time in twelve months, the court has excused a landlord from potential liability under the Defective Premises Act 1972. The Defective Premises Act imposes a duty on a landlord to ensure that a property is maintained and repaired in such a way...
There have been a number of cases recently that have hit the headlines for the fact that people have fraudulently claimed to be the owner of property and sold said property to an unsuspecting buyer. This results with the ‘seller’ making off with...
The High Court has ruled that a landlord’s development scheme, contrived for the sole purpose of defeating a tenant’s security of tenure, allows a landlord to successfully oppose a tenant’s statutory request for a new lease....
It is very common these days for people to live together in committed relationships but without marrying or becoming civil partners. People in this situation are strongly advised to make Wills providing for each other because the law does not recognise this...
Data Protection law is relevant to every business. It should not be ignored under the current rules, but under the General Data Protection Regulations (GDPR), which come into force in May next year, businesses will be required to take another look at what...
An Advanced Decision to refuse medical treatment (An "Advanced Decision") is a statement made by a person who must have capacity to make it and be over 18, to refuse consent to medical treatment in anticipation that in future he or she may lack the...
An individual Savings Account (ISA) is a savings account within which up to a certain limit interest is earned and capital gains made are free of tax. One of the characteristics of an ISA is that it can only be held by an individual. An ISA account can...
If you are sending marketing e-mails to your customers and contacts, then you need their consent under the current rules, but many businesses will have sought that consent through pre-ticked boxes or as part of their terms and conditions – in other...
A recent case has provided a stark warning to potential defendants that they should pay close attention to court documents and act promptly ( Royal Brompton and Harefield NHS Trust v Shaikh). In this case, the claimant served a claim on the defendant,...
Many myths and misunderstandings surround the issue of without prejudice communications. What is a without prejudice communication? Without prejudice communications are commonly exchanged in relation to the settlement of disputes. When attempting to...
Problems can be caused when informal arrangements are made by family members concerning the ownership or occupation of property. Comments are often made such as, 'No, we don't need a legal document drawing up - we're family'. Two recent cases...
Are you thinking of buying a listed building? The following are some useful tips when considering purchasing a listed property. 1. What is a listed building? In simple terms "listing" means that the building is on a national register as a...
Service charges are one of the principal areas of dispute between leaseholders and their landlords. A recent case has again highlighted the importance of landlords being aware of the key regulation in this area and what they need to do to comply with the...
It is generally accepted that when you bring a claim in the Small Claims Court, you cannot recover your legal costs from the other side if you win. That works both ways. A defendant may happily defend an indefensible claim and make life a misery for a poor...
There are many things a potential buyer should be aware of, but none more so than the dreaded Japanese Knotweed. This invasive plant spreads like wildfire and is well-known to cause damage to buildings and hard structures. Not an attractive prospect for a...
The Court of Appeal has recently had a rare opportunity to consider the position in respect of defended divorce. A defended divorce is one in which the respondent either does not agree that the marriage is at an end or does not agree with the...
A note recently issued by the Turkish Government has confirmed that foreigners who buy property worth at least $1million can obtain Turkish citizenship. The note confirms that citizenship will also be offered to foreigners who deposit a minimum of $3million...
A debtor owes both me and another creditor, jointly, an unpaid debt. I have discussed taking court action against this debtor with my fellow creditor but he is unwilling to go down that particular route. Am I entitled to go it alone? The other creditor...
A solicitor caught up in a fraudulent property transaction was cleared of dishonesty despite breaching the Money Laundering Regulations 2007 and subsequently trying to cover the matter up. The case of Pemberton Greenish LLP v Henry [2017] concerned a claim...
The issue that arose in the case of Newbigin (Valuation Officer) v S J & J Monk was whether a property can be deleted from a rating list whilst significant building works are being carried out. In this case, an office building in Sunderland was...
We caught up with Jonathan Rathbone, Hughes Paddison’s new Director tasked with growing the Company and Commercial Department. Jon joins Hughes Paddison from international law firm, DAC Beachcroft, bringing with him more than 14 years’...
Understanding what has sparked off the dispute between the parties in the first place is essential. It is very rarely the case that a party has pulled out his title deeds and decided that there is a problem with the boundary. There is usually...
It is important to firstly establish whether a lodger has a tenancy agreement or whether the lodger simply has a licence to reside at the property. A tenancy agreement is going to put you within the realms of the Housing Act and two months' notice. A...
