disputeresolution

May

2024

Tenant Succeeds in Reducing Service Charges

Written by Ian Sheppard

A case recently decided by the First-tier Tribunal (FTT) serves as a reminder to tenants to check the terms of their leases and to monitor the service charges they are asked to pay. The tenant of a ground-floor flat sought a determination of...

Feb

2024

Failing to Make a Professionally Drafted Will Risks Tearing Your Family Apart

Written by Megan Heger

Many grieving families have sadly been torn apart by a loved one's failure to make a professionally drafted will. Exactly that happened in a High Court case concerning two brothers who fell out bitterly over which of them should take charge of...

Jan

2024

Lay Member of EAT Recused from Hearing Matter of Heated Public Debate

Written by Emma-Louise Hewitt

Judicial officeholders are commonly high-achieving individuals with wide experience outside the confines of the law. However, as an Employment Appeal Tribunal (EAT) ruling made plain, they must always be alive to the risk that their extra-judicial...

Jan

2024

Bank Relieved of Compensation Bill Despite Employee's Unfair Dismissal

Written by Emma-Louise Hewitt

Financial institutions are entitled to expect their staff to display a high level of probity. An Employment Tribunal (ET) made that point in denying compensation to a bank employee despite having found that his dismissal was unfair (Johnson v...

Jan

2024

High Court Shows Compassion in Inheritance 'Mercy Killing' Case

Written by Tracy Creed

Where one person unlawfully kills another, the killer usually forfeits their right to inherit any part of the deceased’s property or estate. This “forfeiture rule” is clearly set out in section 1 of the Forfeiture Act 1982. However, as a High Court...

Nov

2023

Precise Wording of Conveyance Takes Precedence Over Red Line on Plan

Written by Ian Sheppard

A conveyance normally includes both a visual plan and a written description of the land that is to change hands – but what happens if there is a conflict between the two? The Upper Tribunal (UT) addressed that vital issue in a guideline case. The...

Nov

2023

Divorce – This is Why a Clean Break is Usually the Preferred Outcome

Written by Teresa Mannion

Most divorcees would, wherever possible, prefer to achieve a clean financial break so that they can regain their independence and move on with their lives. A High Court ruling provided a powerful illustration of why that is a sensible choice. The...

Nov

2023

Property – Not Every One-Sided Bargain is a Product of Undue Influence

Written by Ian Sheppard

Where a transaction appears to be very one-sided or manifestly more advantageous to one side or the other, judicial eyebrows are likely to be raised. However, as a High Court ruling showed, such an imbalance does not necessarily mean that a bargain...

Oct

2023

False Claim to Be a Cash Buyer Ruled Fraudulent in Ground-Breaking Case

Written by Ian Sheppard

In coming to the aid of a frail and elderly householder, the High Court has ruled in a landmark case that she was on the receiving end of a fraudulent misrepresentation when a would-be purchaser of her home was falsely described to her as a cash...

Sep

2023

Lost a Key Employee? This is How to Mount a Damage Limitation Exercise

Written by Roy Colaba

The shock departure of a key employee is a troubling moment for any business. As a High Court ruling showed, however, effective steps can often be taken to prevent them trailing confidential information and important clients in their wake. A company...

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disputeresolution

Tenant Succeeds in Reducing Service Charges

Failing to Make a Professionally Drafted Will Risks Tearing Your Family Apart

Lay Member of EAT Recused from Hearing Matter of Heated Public Debate

Bank Relieved of Compensation Bill Despite Employee's Unfair Dismissal

High Court Shows Compassion in Inheritance 'Mercy Killing' Case

Precise Wording of Conveyance Takes Precedence Over Red Line on Plan

Divorce – This is Why a Clean Break is Usually the Preferred Outcome

Property – Not Every One-Sided Bargain is a Product of Undue Influence

False Claim to Be a Cash Buyer Ruled Fraudulent in Ground-Breaking Case

Lost a Key Employee? This is How to Mount a Damage Limitation Exercise

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