Inheritance Act Disputes
By Paul Currie, Head of Litigation There has been a 162% increase in the past 12 months in Inheritance Disputes in the High Court. These type of disputes may arise from issues with a Will, the fact no Will has…
Litigants in Person
The courts will assist but not protect litigants in person By Richard Forskitt, Associate Solicitor Since the changes to litigation funding through Legal Aid, and the changes to the Small Claims Court limit in 2013 (limiting the recoverability of the…
Trespass and Assets of Community Value – Court of Appeal Guidance
Land or buildings that have long been used for recreational purposes by local people can be registered as assets of community value under the Localism Act 2011 – but what happens if that use consists of acts of trespass? The…
Tenants Must Bear Cost of Safety Improvements
Following the Grenfell disaster in 2017, cladding has come under close scrutiny with surveys being carried out as a priority in buildings across the UK. The failure to comply with Building Regulations (Part L1A 2010), which provides a framework for…
Planning Application Restricted to Preserve View
On our densely populated island, there is a pressing need for available land to be put to sensible use and, where restrictive covenants lurking in title deeds prevent that happening, they can be modified. In a case on point, a…
Oral Assurances Are No Replacement for Properly Drafted Documents
Oral assurances are all well and good but, if they are not recorded in a professionally drafted document, how can it be proved that they were ever given? A farmer's son faced exactly that difficulty in a High Court dispute…
Landowners’ Duties and Highway Visibility – Court of Appeal Test Case
If landowners allow vegetation to grow so that it affects visibility on adjacent highways, should they be held liable if accidents occur? In a decision that broke new legal ground, the Court of Appeal has answered that question with a…
Non-Disclosure is Fault of Policyholder Not Brokers
It is no real surprise that insurers are often not wildly enthusiastic about paying claims and will deny liability when they are able to do so. One condition which is normally present in a policy application is that the insured…
Are You a Flat Dweller Suffering Noise Nuisance? See a Lawyer Today!
If you live in a block of flats, the law is there to protect you against noise or other nuisance caused by fellow residents. In a recent case, a woman who sued her upstairs neighbours over what she described as…
Insurers’ Liability in Clinical Negligence Group Action Limited to £10 Million
The wording of even widely used insurance policies is often not as neat and elegant as it should be and that is why judges are so frequently called upon to resolve issues of interpretation. One example concerned a medical company's…