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Homeowner Acquired Right of Way Over Neighbour's Land

The Upper Tribunal (UT) has upheld a homeowner's appeal against a decision that he had not acquired a right of way over part of a driveway belonging to one of his neighbours. The row of houses in which the man and his neighbour lived had originally been...

Court Refuses Request to Observe Hearing

Court and tribunal hearings usually take place in public, as part of the principle of open justice. However, a judge can decide to hold a hearing in private if it is deemed necessary for the proper administration of justice. Recently, the Court of...

Elderly Man Lacked Capacity to Make Final Will

The High Court recently upheld a claim that an elderly man's final will was invalid on the grounds that he lacked testamentary capacity. The man and his wife had made mirror wills in 1985. After their eldest son sadly died in 2007, they made new mirror...

Parents Can Accept Gift of Property on Boy's Behalf

The Family Court recently considered an application by the parents of a 15-year-old boy for authorisation to accept a gift of a share in a property on his behalf, in exercise of their parental responsibility. The boy's father owned a property in...

FCA Proposes New Rules for Payments Firms

The Financial Conduct Authority (FCA) is proposing changes to the safeguarding regime that applies to payments and e-money firms, in order to better protect customers. Funds held by payments firms are not covered by the Financial Services Compensation...

Homeowner Defeats Application to Modify Restrictive Covenant

A homeowner has successfully argued before the Upper Tribunal (UT) that an application by the owner of adjoining land to modify a restrictive covenant should be refused . A small cottage had originally stood on the adjoining land, but had been badly...

Court Authorises Withdrawal of Life-Sustaining Treatment

When deciding whether it is in a patient's best interests to continue life-sustaining treatment, the courts will look to the patient's views and beliefs, where known, as well as the medical evidence. In a sad case concerning a 66-year-old man in a state of...

Half-Brother Entitled to Benefit from Family Trust

The High Court has recently ruled that a man is entitled to benefit under a family trust despite finding that he was not the biological child of the settlor. The trust had been set up by a businessman in 2003 and included as its beneficiaries 'the...

Family Court Rules on Meaning of Pre-Nuptial Agreement

A pre-nuptial agreement (PNA) will be taken into account when a couple divorces, as long as it has been freely entered into and it is fair to hold the parties to it. Recently, the Family Court was called upon to decide how the terms of a PNA affected the...

Appeal by Taxpayer Who Relied On Accountant Refused

Individual taxpayers often rely on advisors to handle their tax affairs, but it is wise to make sure they are doing everything that needs to be done. In a recent case, a man whose accountant failed to file tax returns on his behalf was refused permission to...
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