Company News Archive
Inaccuracy, Not Haste, Defeats Planning Decision
20th June 2011
An attempt by campaigners to prevent the demolition of a neo-Georgian building by creating a conservation area was recently defeated, following a challenge...
Crime No Reason for Human Rights Law Not to Apply
16th June 2011
A drug smuggler was arrested at Heathrow Airport and discovered on X-ray to have ingested 116 bags of cocaine containing approximately a kilogramme of the Class A drug. The man was immediately remanded in custody...
IFAs Face Twin Negligence Claims
14th June 2011
Two divorcees who allege that the investment advice they received after their divorces was negligent have commenced proceedings against their financial advisers in a bid to recover their alleged losses. Friends...
Law Society Campaign for Formal Qualifications for Will Writers
14th June 2011
The Law Society is campaigning to persuade the Government that a change to the law is necessary to protect members of the public from problems caused by using unqualified will writers. The Law Society wants will...
Court Upholds Care Order Made in Good Faith
14th June 2011
The Court of Appeal has upheld the decision of a local authority to place a baby born in prison in care, after the behaviour of the mother was believed to have put the child’s life in danger. After the...
Children's Rights Must be Considered in Immigration Cases
14th June 2011
In deciding immigration cases, the rights of any children who are British citizens and who would be affected by the decision must be taken into consideration. This was the Supreme Court's ruling in the case of a Tanzanian woman who had made...
Council's Treatment of Autistic Man Unlawful, Rules Court of Protection
10th June 2011
The Court of Protection has ruled that Hillingdon Council acted unlawfully in detaining a 21-year-old autistic man, Steven Neary, for almost a year against his wishes. Steven’s father, Mark Neary, wanted to...
Daughter Wins Share of 163;480,000 Inheritance Left to Charity
10th June 2011
A woman whose mother left an entire estate to charity has won her appeal for a substantial payment from the estate, sufficient to meet her need for reasonable maintenance. Melita Jackson died in July 2004 at the...
Covenant Does Not Pass on with Title to Property
6th June 2011
A recent court decision illustrates that where ownership of land changes, rights conferred by covenants over neighbouring land are not necessarily passed on to the new owners. In this case, the former owners of a...
IHT Changes of Importance to Executors
2nd June 2011
Changes by HM Revenue and Customs to the disclosure requirements for executors have come into effect. These apply to deaths occurring from 1 March 2011. The first change is that where the deceased gave gifts...
Gagging Orders - A Matter of Balance
31st May 2011
A balancing act is always necessary when a case heard by the courts is of interest to the public but where revealing the facts and identifying the parties involved would infringe their right to privacy. Normally,...
Court Upholds Care Order Made in Good Faith
25th May 2011
The Court of Appeal has upheld the decision of a local authority to place a baby born in prison in care, after the behaviour of the mother was believed to have put the child’s life in danger. After the...
Court Rejects Undue Influence Claim
24th May 2011
When estate assets are not divided as potential beneficiaries think they should be, disagreements often result. When there is a second family involved, legal challenges are relatively common. In a recent case,...
Attorney Faces Prison for Theft
23rd May 2011
A man who was appointed under a power of attorney to look after a woman’s affairs, when she could no longer manage to do so herself, has been sentenced to 15 months in prison after he abused his position of trust to steal more than...
HMRC Wins Dividend Tax Case
20th May 2011
When a trust receives a dividend, the trustees may, in certain circumstances, be able to treat it as a capital receipt rather than a receipt of income. This may have tax benefits for the trust. The treatment is...
Banks Lose Loan Insurance Challenge
19th May 2011
The banks have recently lost a High Court challenge to new rules issued by the Financial Services Authority (FSA) regarding the approach to compensating those who have been mis-sold Payment Protection Insurance (PPI).
House Builder Not Liable for 163;35,000 Defects
17th May 2011
When the terms of a house building contract exclude any liability for losses incurred by the client on account of defective works, the client has no redress under a general duty of care. This
Landmark Decision Ends Expert Witness Immunity
16th May 2011
In a landmark decision (Jones v Kaney), the Supreme Court has overturned the long-established principle that an expert witness is immune from being...
Charity Trustees - Balancing Financial Return and Social Return on Investment
12th May 2011
One of the more frequent problems faced by charity trustees is that of balancing the need for charity investments to produce financial benefits with the desire for them to also produce social benefits.
Court Will Not Rectify Will Executed in Error
10th May 2011
When an obvious error is made, the courts will sometimes be willing to correct the mistake – but not always. In a recent...
