News
Hospital Must Detain Suicidal Patient
16th May 2012
When a severely depressed woman attended hospital as a voluntary patient but then discharged herself and subsequently committed suicide, did the hospital breach her human rights by permitting her to leave? The
Court Agrees 'Too Much, Too Soon' Plea
14th May 2012
Having too much, too soon has been the cause of the ruin of many a life. Worried that this might be the fate awaiting her child, a mother recently went to...
Obligation on Seller Sets Boundary
11th May 2012
When a plan is attached to a conveyance, it is often marked ‘for identification purposes only’ in order to ensure that the plan is not considered to be the definitive record of the property being conveyed.
Holiday Letting Property a Business, Not an Investment
8th May 2012
A recent tax case shows the lengths HM Revenue and Customs (HMRC) will go to when they think there is tax to be gained by adopting an aggressive attitude...
Benefit to Parents Not Sufficient Benefit to Their Son
4th May 2012
The Court of Protection has refused a request to make financial arrangements for a young man lacking mental capacity because there was no clear benefit to him of the proposed arrangements. The young man, now 21,...
Assisted Signature Case Decided by Court of Appeal
2nd May 2012
A case recently heard by the Court of Appeal illustrates that long-running litigation can result when a will is home made. The decision also contains useful...
Package Tour or Travel Booking
30th April 2012
Whether a holiday is a ‘package’ or just a booking of travel arrangements can make a big difference when it comes to the legal position if something goes wrong. A
Argument Over Strip of Land Settled by Court of Appeal
26th April 2012
A recent case in the Court of Appeal illustrates the extent to which property owners will go to protect what they perceive to be the boundaries of their...
Shared Parental Responsibility and Divorce
24th April 2012
Having rejected the findings of a report it commissioned into the parenting of children after divorce, the Government has thrown into doubt the whole area of how this issue will be dealt with in future. The...
Scots Change Intestacy Law
20th April 2012
The laws of intestacy that apply in Scotland are not the same as those in England and Wales. However, following recent changes to the laws in England and Wales relating to the entitlement of relatives in intestacy, the Scottish Government...
Charity Undertakes to Comply with Data Protection Obligations
18th April 2012
A Scottish charity, Enable Scotland, has given an undertaking to take specific action to improve its compliance with the Data Protection Act 1998 (DPA) after...
Lump Sum Option for Small Pension Plans
16th April 2012
Under changes to pensions rules recently announced by HM Revenue and Customs (HMRC), those aged 60 or over now have the option of taking a lump sum from personal pensions with a value of £2,000 or less.
Tenant Fails in Claim for Three Times His Deposit
16th April 2012
A former tenant has failed in a claim for damages over and above the return of his deposit, in a ruling that has demonstrated the limitations placed on...
Tenant Fails in Claim for Three Times His Deposit
12th April 2012
A former tenant has failed in a claim for damages over and above the return of his deposit, in a ruling that has demonstrated the limitations placed on...
Unreasonable Behaviour Leads to Access Limitation
10th April 2012
The normal presumption of the family court is that a child will benefit from contact with both of its parents. However, when a judge heard evidence of numerous...
Executors Pay Price for Intransigence
9th April 2012
A battle over a relatively modest estate of less than £150,000 shows the sense of achieving a negotiated settlement where possible rather than resorting to protracted legal proceedings and adopting an excessively adversarial stance.
FSA Stamps Down on Manipulative Trades
9th April 2012
When a securities trader exploited a defect in automated trading software to make a considerable profit on a series of small trades made over a year, he probably thought he was doing nothing wrong…and indeed, that point remains...
Executors Pay Price for Intransigence
6th April 2012
A battle over a relatively modest estate of less than £150,000 shows the sense of achieving a negotiated settlement where possible rather than resorting to protracted legal proceedings and adopting an excessively adversarial stance.
Interest on Tax on Gift - Assessment Date Crucial
4th April 2012
Although most people know that gifts will normally not be subject to Inheritance Tax if the donor survives for seven years after they are made, it is less well known that there is another tax which can be triggered by a gift: Capital Gains Tax...
FSA Stamps Down on Manipulative Trades
29th March 2012
When a securities trader exploited a defect in automated trading software to make a considerable profit on a series of small trades made over a year, he probably thought he was doing nothing wrong…and indeed, that point remains...
