Personal Law

Surge in divorce cases as new No-Fault law takes effect

June 16th 2022
 

There has been a surge in the number of divorce applications since the new No-Fault law came into effect in April. Julian Nelson, Director in our Family Law Team provides an update. The Divorce, Dissolution and Separation Act 2020 aims to reduce the potential for conflict amongst divorcing couples by removing the ability to make allegations about the conduct of a spouse and allowing couples to end their marriage jointly. Under previous…

Seller of land should have pointed out defect in title

June 13th 2022
 

A woman who bought land at auction has successfully appealed a High Court ruling that she must make up a seller’s shortfall after she refused to complete the purchase. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The issue arose after the buyer, Ms Mahil, had purchased the land from SPS Groundworks & Building Ltd. The catalogue had described the land as having “excellent scope for development”.…

LPAs can help protect your interests as dementia figures rise in UK

June 9th 2022
 

The government is to launch a 10-Year Plan to tackle dementia following estimates that one million people will be living with the disease in the UK by 2025 and 1.6 million by 2040. Sharon Crisp, Probate Executive in our Wills, Probate & Inheritance provides an update. Speaking at the Alzheimer’s Society Conference 2022, Health Secretary Sajid Javid confirmed the plan will focus on how new medicines and emerging science and…

Court rules it’s unsafe to return child to violent father

June 6th 2022
 

The High Court has ruled that a nine-year-old girl should be allowed to stay with her mother and not be returned to her violent father. Amy Fallows Senior Associate Solicitor & Head of our family law team reports on this recent case. The mother alleged that the relationship was significantly blighted by physical, emotional and sexual domestic abuse. The case involved a couple who had lived together with their daughter in…

Postman who stuck gum on customer’s property unfairly dismissed

May 30th 2022
 

A postman has won his claim of unfair dismissal because sticking chewing gum on a customer’s property was not serious enough to be gross misconduct. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. That was the decision of the Employment Tribunal in a case that involved Graham Harvey and Royal Mail. Harvey had worked as a postman for more than 25 years on a rural route near…

Dementia sufferer was aware of his actions so his will was valid

May 26th 2022
 

An elderly farmer who suffered from dementia understood what he was doing when he changed his will shortly before his death and so the alterations should be accepted as representing his true wishes. David Tew, Associate Solicitor in our Will Claims team reports on this recent case. That was the decision of the Court of Appeal in a case involving a dispute between members of the same family. In 2005 the…

David Tew, Solicitor

Care worker unfairly dismissed after becoming pregnant

May 19th 2022
 

A personal care assistant was unfairly dismissed and discriminated against after being called “useless” when she revealed she was pregnant, a tribunal has ruled. Joanne Stronach Head of Employment and HR reports on this recent case. The case involved care assistant Sandy Croly who was employed by Kelly Ann Smith, who is paralysed from the neck down. Smith lived with her two children, aged nine and eleven, and employed four other…

Joanne Stronach

Court settles dispute between cohabitants over home ownership 

May 16th 2022
 

The High Court has settled a dispute between a cohabiting couple over who should own the home they had shared until they split up. Shannon Bateson, Solicitor in our family law team reports on this recent case. The couple, Mr Lee Hudson and Ms Jayne Hathway, had purchased their home in joint names. They both worked and paid their respective salaries into a joint account. Over time, Hudson’s earnings overtook Hathway’s…

Ban on ground rent will cut costs for future leaseholders

May 3rd 2022
 

A government ban on charging ground rent on new leases is set to cut costs for future homeowners by hundreds of pounds a year. Elizabeth Crouch Senior Associate Solicitor & Head of Residential Property provides an update. The ban comes into force in England and Wales on 30 June 2022.  Leasehold is a form of home ownership that gives a leaseholder the exclusive right to live in a property for a…

‘Unwanted’ son claims share of late father’s estate from niece 

April 21st 2022
 

The son of a car and property magnate has successfully sued his niece to gain a share of his late father’s estate and avoid becoming homeless.  Stephanie Johnson Senior Associate Solicitor reports on this recent case. Colin Johnston was the son of Sidney Johnston, who died in 2017 leaving a £2.4 million estate to Colin’s niece, Lady Natalie Wackett.  The father and son had fallen out in 1992 after a breakdown…

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