In a recent case, the courts had to consider the legality of a commercial arrangement undertaken by a bank with a company, the effect of which was to allow the company to ‘stand in its shoes’ with regard to a commercial lease. At issue was...

Retaining records after a person has died is essential in order to be able to demonstrate the amount of Inheritance Tax (IHT) ‘nil rate band’ that is available on the death of a surviving spouse or civil partner. It might easily be thought that...

The parents of an independent school pupil have lost their appeal against a judge’s decision to dismiss their claim that their son’s expulsion from the school amounted to a breach of contract and warranted injunctive relief and the payment of...

If a landlord has concealed or misrepresented facts, it can be ordered to pay a departing commercial tenant compensation for any damages or loss sustained by the tenant that arise as a result of having to quit the premises. The legislation bringing this...

It is widely thought that once a conviction is ‘spent’, it is erased from ‘the system’ and simply ceases to exist. Regrettably for those who may have a youthful indiscretion or two on their record, this is not so, as is illustrated by...

The trial of an unqualified will writer took place in Bristol recently when a 45-year-old man was charged with the theft of £800,000 from a succession of elderly clients. The man had duped childless elderly people into inserting a clause into their...

A recent case illustrates how complex building disputes can become when there are changes ‘on the fly’ to the work being carried out and the related paperwork does not keep pace. In the case in point, a contractor’s contract to fit out a...

The ‘Doorstep Selling’ regulations ( The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008 ) came into effect on 1 October 2008 and bring new rights to consumers who make contracts with traders in...

Lending for residential property purchases has increased significantly in recent months – the July figure of £16 billion showing a 26 per cent rise over June. August and September have both shown gross mortgage lending of about £12.5...

The Office of the Public Guardian has responded to criticisms of its overly complex forms for creating a Lasting Power of Attorney (LPA) by issuing new and simplified forms. An LPA allows a person to give a friend, relative or trusted advisor the power to...

A woman who owed a credit card company more than £8,000 has been excused from repaying her debt after a court ruled that the ‘secret’ commission paid to the credit card company by the company providing the payment protection insurance...

Under the Landlord and Tenant Act 1954 (LTA), a tenant normally has the right to renewal of a lease on commercial premises unless the landlord requires occupation of the premises for its own purposes, which may include the purpose of redeveloping the site....

After a bruising legal battle, which has cost more than £1.3 million in fees, a Yorkshire doctor has won the right to inherit her late parents’ farm, which is valued at £2.3 million. In 1993, Dr Christine Gill’s parents made wills...

A recent report indicates that fraudulent loan applications have increased by more than 4 per cent as a result of the credit crunch. Now, an average of nearly 1 in 500 applications for car finance, credit cards, insurance, loans and mortgages is fraudulent....

A recent case shows how important the wording of a planning consent is. It concerned a quarrying company which was engaged in the extraction of limestone from a quarry in the Peak District. There was opposition to the quarrying which led to a review of the...

In a recent case, a man who was banned from entering the village in which he had previously lived, after successive acts of anti-social behaviour, has lost his appeal against the imposition of an anti-social behaviour injunction (ASBI). Michael Redpath had...

  With bitter weather, grey skies and credit card bills tumbling in, it is no real wonder that the New Year sees an upsurge in enquiries about obtaining a divorce.   Unfortunately for those seeking divorces, agreeing the financial settlement can...

After fighting their case all the way to the House of Lords and losing, Powys couple Andrew and Gail Wallbank have been forced to sell their farm in order to pay for repairs to the chancel of their local church and their legal costs in fighting their case. ...

With the winter holiday season sales in full swing, now is a good time for consumers to remember that UK consumer protection legislation is robust, giving them substantial rights and imposing significant obligations on traders. Indeed, in some cases the...

The division of the estate of a man who had a ‘senior moment’ when providing information for his will had to be sorted out in court recently. When Leslie Fawdon drafted his will, he left half of his estate to his nephew, described as ‘Mark...

With times being tough, unexpected traps in agreements are coming to light with greater regularity. A recent landlord and tenant case shows the sort of thing that can happen if insufficient attention is paid in negotiation to clauses that might seem...

An appearance in the criminal court may await a property owner who tried to be too clever with his local planning department. The property owner submitted a planning application to build a barn to store hay. This was granted on the condition that use was...

A man who allowed his bank account to be used to lodge funds that amounted to criminal property was guilty of the crime of converting criminal property. So held the Court of Appeal, dismissing Mohammed Fazal’s appeal against convictions at Reading...

Landlords seeking to recover service charges in circumstances which require that a notice be served on the tenants should make sure they serve the relevant notice correctly! In a recent case, a landlord had to do works on a building and sought to recover the...

Ownership of land is often fettered with obligations and, in some circumstances, the obligation can be to permit someone else to extract something from the land. In legal terminology, this is called a profit-à-prendre and one of the most common of...