highcourt

Apr

2024

Challenge to Will’s Validity Rejected by High Court

Written by Hayley Caprani-...

The best way to ensure your assets will be distributed as you wish is to have your will professionally drafted by a qualified solicitor. In a recent case, a challenge to the validity of an elderly man’s will was dismissed by the High Court. The man...

Jan

2024

Judicial Appointments Commission Faces Race Discrimination Complaint

Written by Carina Jheeta

An allegation of discrimination against a public body is a serious matter requiring close analysis in a public forum. An Employment Tribunal (ET) made that point in permitting a claim against the Judicial Appointments Commission and one of its...

Jan

2024

Grown Up Kids Staying on in the Family Home? What Does That Mean in Law?

Written by Ian Sheppard

Loving parents often allow their adult children to remain living in the family home for as long as they wish, in the expectation that they will, in due course, fly the nest. In a case that will ring a bell with thousands of families, the High Court...

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...

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...

Aug

2023

Competing Divorce Applications at Home and Abroad – the need to Break the Deadlock

Written by Gemma Whitchurch

When married British couples separate whilst living overseas, it is quite common for competing divorce petitions to be issued both in England and abroad. A High Court ruling provides a useful illustration of the judicial approach to jurisdictional...

Jul

2023

Do Stellar Financial Contributions Displace the Equality Principle in Divorce?

Written by Teresa Mannion

In the event of divorce, successful businesspeople are inclined to argue that their stellar financial contributions should be reflected in an unequal division of assets. As a High Court ruling showed, however, such contentions very rarely succeed in...

May

2023

Mental Capacity and Divorce – High Court Ends 'Empty Husk' Marriage

Written by Gemma Whitchurch

Only those with the mental capacity to make important decisions for themselves can consent to marriage – or divorce. However, as a High Court ruling made plain, it is in no one's best interests for the law to maintain a marriage that has become no...

Nov

2022

What Amounts to 'Marital Reconciliation'? Unique High Court Ruling

Written by Jayne Gregg

Some couples have second thoughts in the midst of divorce proceedings and get back together. However, in a unique decision, the High Court has ruled that the resumption of a toxic relationship does not amount to marital reconciliation. The case...

Jul

2022

Restrictive Covenant Derails Village Housing Development – High Court Ruling

Written by Adam Oleskow

Freehold owners of land generally believe that, subject to planning permission, they can develop their properties in whatever way they wish. However, as a High Court ruling strikingly showed, that is by no means always the case. Two men wished to...

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highcourt

Challenge to Will’s Validity Rejected by High Court

Judicial Appointments Commission Faces Race Discrimination Complaint

Grown Up Kids Staying on in the Family Home? What Does That Mean in Law?

High Court Shows Compassion in Inheritance 'Mercy Killing' Case

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

Competing Divorce Applications at Home and Abroad – the need to Break the Deadlock

Do Stellar Financial Contributions Displace the Equality Principle in Divorce?

Mental Capacity and Divorce – High Court Ends 'Empty Husk' Marriage

What Amounts to 'Marital Reconciliation'? Unique High Court Ruling

Restrictive Covenant Derails Village Housing Development – High Court Ruling

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