Legal News

Government Guide to Property Boundaries

A guide to issues relating to property boundaries is available on the government's website. The guide notes that, in England and Wales, there is usually no record of the exact boundary between two properties or the ownership of boundary features between...

Husband's Application to Set Aside Financial Remedy Order Fails

The Family Court has rejected a husband's application to set aside a financial remedy order made in his absence after he ceased to participate in the final hearing. The husband and wife had separated in 2022 after 15 years of marriage. On the first day of...

FTT Wrong to Rely on Calculations of Risk Posed by Lack of Space

The Upper Tribunal (UT) recently set aside a decision of the First-tier Tribunal (FTT) upholding prohibition orders in respect of 15 flats, finding that the FTT had erred in accepting the local authority's calculation of the risk posed by the lack of space...

High Court Rejects Daughter's Challenge to Elderly Man's Will

The best way to minimise the risk of a successful challenge to your will is to have it drawn up by a qualified solicitor. Recently, a woman's challenge to her elderly father's final will was rejected by the High Court . The man had made the will in March...

Employees Can Bring Claims Based on Detriment of Dismissal

Can an employee who brings a claim for unfair dismissal on the basis of having made protected disclosures also bring a detriment claim where the alleged detriment is the dismissal itself? The Court of Appeal has reluctantly answered that question in the...

FCA Sets Out Plans for Reform of Mortgage Market

The Financial Conduct Authority (FCA) has outlined plans to reform the mortgage market, which could make it easier for first-time buyers and self-employed people to purchase properties. The reforms also aim to help homeowners access housing wealth in later...

Spinal Surgery in Best Interests of Man Who Lacks Capacity

When patients lack capacity to decide whether to undergo medical treatment, the Court of Protection is often called upon to decide what is in their best interests. Recently, the Court ruled that it was in the best interests of a young man to undergo surgery...

Court Refuses Mother's Application for Girl's Return to Dubai

The High Court has refused a mother's application for her five-year-old daughter's return to Dubai , instead granting an application by the girl's father for her to remain in England. The mother and father had married in 2019 and moved to Dubai, where the...
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