Latest News

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...

Employment Rights Bill Introduced into Parliament

The Employment Rights Bill, which formed part of the legislative programme outlined in the King's Speech, has now been introduced into Parliament. Some of the key provisions included in the Bill are: Workers on zero-hours contracts will be entitled to...

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...

ET Has Jurisdiction to Hear 'Same Disadvantage' Claim

The Employment Appeal Tribunal (EAT) has confirmed that where a provision, criterion or practice (PCP) puts people with a protected characteristic at a disadvantage, protection from indirect discrimination under Section 19 of the Equality Act 2010 can...

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...

Head Landlord Wins Appeal Against Rent Repayment Order

A man who let a house to a company which in turn let rooms in it to tenants has succeeded in his appeal against a rent repayment order after the Upper Tribunal (UT) concluded that he was not the tenants' immediate landlord and therefore no such order could...

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...

Deductions from Wages Pursuant to Court Order Not Unlawful

An Employment Tribunal (ET) has confirmed that a construction company which made deductions from an employee's wages in accordance with a court order did not do so unlawfully ( Rainford v Stepnell Ltd ). The employee was the subject of an attachment of...

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...
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