Little publicised, but nonetheless important for many private landlords, are changes implemented by the Town and Country Planning (Use Classes) (Amendment) (England) Order 2010 , which mean that, in certain circumstances, a landlord wishing to let out a...

An executor who stole more than £80,000 from the estate of a client faces a jail sentence for his crime. The man, who operated as a ‘will writer’, also faces a confiscation order against his assets. Much of the money was used to finance a...

In a case now before the courts, the Financial Services Authority (FSA), which is currently responsible for regulating the financial services industry in the UK, claimed that three men had unlawfully taken deposits from acquaintances, with a view to making...

An easement is a right over someone else’s land, such as a right of way. Once granted, rights of easement are frequently forgotten about, but a recent case shows the importance of making sure that an easement does not lapse through disuse. It...

Following a series of cases involving unqualified will writers, the Office of Fair Trading (OFT) has announced that it has approved a Code of Practice which will apply to members of the Institute of Professional Will Writers (IPW). The code of practice will...

Most people – and certainly those who have been involved in an opposed planning application – know what a NIMBY is but, following a case heard in the Supreme Court, we may now see the rise of NOOViGs (not on our village greens). The reason for...

Following her conviction for fraud and money laundering, after faking her husband’s death in 2002, Anne Darwin has agreed to pay more than £591,000 under the Proceeds of Crime Act 2002 . Mrs Darwin’s husband, John, was thought to have...

Those who buy new homes 'off plan' now have significant new protection under the Consumer Code for Home Builders , which came into affect on 1 April 2010. The Code requires builders of houses to keep buyers informed of the progress of the construction...

What You Need to Know The Charities Act 2006 was introduced to make life simpler for trustees, to provide more safeguards for them and to bring the definition of ‘charity’ up to date. The Act defines a charity as a ‘body or trust...

Construction projects inevitably lead to a large number of contracts being created between the various contractors, subcontractors, suppliers and developers involved. This in turn can produce problems in the event of a dispute, as it can be difficult to...

When an estate containing assets such as property or unquoted shares is to be distributed amongst several beneficiaries, there is potential for dispute over the valuations of assets. A case which is now starting to occupy court time illustrates this point....

A new scheme for road traffic accident (RTA) claims, designed to speed up the process of settling claims,  has come into effect. It covers low-value RTA claims (those between £1,000 and £10,000) and is a dramatic change to the legal...

An owner of an estate was recently successful in preventing the creation of a public right of way, thanks to a previous owner who had disputed a planning enquiry nearly 30 years previously. The dispute involved a pathway which a local planning...

One of the more contentious issues in the administration of estates arises when the deceased had remarried, leaving ‘old’ and ‘new’ families, which often take different views about how the estate should be divided. The High Court...

Insolvencies have been running at a high rate for some time now, presenting problems for landlords and tenants alike. It should be remembered that the expenses of the administration of an insolvent company rank for payment before debts due to unsecured...

Smokers may not realise that, in addition to the health risks associated with smoking, their habit could lead to them receiving a lower award for damages if they make a personal injury claim relating to diseases affecting the lungs (e.g. as a...

A recent case in the Court of Appeal illustrates how disputes can arise between neighbours as a result of ambiguous drafting of legal documents. In this case, the dispute concerned the owners of neighbouring properties that had originally been one parcel...

A case which was recently heard in the United States could have ramifications for manufacturers and suppliers of MP3 players and similar equipment. The case was brought against Apple, maker of the iPod, by users who had suffered deafness. The claimants...

Although a trustee is personally responsible for the actions they take, the law is not so harsh as to prevent a trustee who makes an innocent mistake from rectifying it. In a  recent case , a ‘receiver’ for a mentally impaired man (her...

Many developers have been faced with the problem of having to persuade buyers who bought ‘off plan’ before the credit crunch struck to complete their purchases in the light of the subsequent decline in property prices. If you are faced with such...

If landowners allow other people to use their land over a long period, they may lose the right to prevent such use in the future.  An 'easement'  (the right of use over someone else’s property) is created when use of...

Radical changes to the civil litigation system are imminent, following the publication of Lord Justice Jackson's final report outlining proposed changes to the current system, which is considered to impose excessive costs on losing parties. Among the...

Possessions and money are not the only issues which can be considered when making a will. Some people choose to donate their body to medical science after death in the hope that it will be of some practical use. Donated remains are used by medical students...

Although we have become used to the Government announcing initiatives which never see the light of day (or announcing them as new initiatives months or years later), the news that Home Information Packs (HIPs) have been scrapped by the new Government will...

When a tenant’s lease is governed by the Landlord and Tenant Act 1954 , the landlord has limited grounds for refusing to renew the lease. One possible ground is that the landlord wishes to make use of the premises for its own business purposes. In a ...