Latest News

Informal Wills on the Way?

We have written on numerous occasions of the danger of either failing to leave a will or of not taking professional advice when making your will. Among the difficulties that can arise with DIY wills are challenges by family members who have been excluded...

Follow Proper Planning Procedures or Else

An argument over a planning permission for a small rural development has necessitated the intervention of the Court of Appeal , which confirmed that a council that failed to follow its own planning guidelines could not grant permission for a development...

Workplace Mobility Clauses - EAT Guidance

Mobility of labour is vital to any modern economy and many employment contracts require staff to relocate from one workplace to another if their employer's business demands it. One such clause came under consideration in a case in which a charity worker who...

Contract Terms Clarified by Court

No amount of careful drafting can be guaranteed to iron out disagreements as to the true meaning of contract terms and when a dispute occurs it may require the intervention of a judge to bring clarity. One case exactly on point concerned a contract for the...

Judge Sees Through Attempt to Hide Assets

When a couple divorced in 2014, the ex-husband was ordered to pay his ex-wife periodical payments of £120,000 per year after he was found to have used a variety of stratagems to make himself appear worse off than he really was. A mere three months...

Business Tycoon's Wife Well Served by Lawyers Who Drafted Her Will

A solicitor's primary duty when drafting a will is to follow faithfully their client's instructions after giving accurate and level-headed advice. In a professional negligence case triggered by the early death of a business tycoon's wife, the High Court...

Restrictive Covenants and Unlawful Restraint of Trade

Restrictive covenants in employment contracts are worthless if they are so broad as to amount to an unlawful restraint of trade. The Court of Appeal reiterated that point in enabling a senior recruitment consultant to take up a position with a competitor of...

Take Care When Appointing a Non-Lawyer as Your Executor

When you appoint a solicitor to be the executor of your will, you can be assured that they will understand their duties and can be relied upon to comply with them. However, as a High Court case showed, the same sadly cannot always be said of friends or...

Council's Drafting Error Opens Way for Change of Use

Planning permissions mean what they say and judges are very reluctant to imply terms into them, even in order to correct flawed drafting. That point was made by the High Court as it opened the way for a former DIY store to be used for food retailing. ...

Court Corrects Parenthood Bungle

When a same-sex couple undertook fertility treatment which led to the birth of a baby girl, the intention was that both would be listed as her legal parents. However, due to mistakes made in processing the necessary forms, only one of the couple was shown as...
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