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

6th December, 2023 By

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 should be set aside on grounds that it is unconscionable or the product of undue influence. A householder was anxious to pay off a £41,000 debt to a local authority which was secured by way of a charge – effectively a mortgage – over his property. To that...

Businessman Reaps Whirlwind After Years of Inattention to His Tax Affairs

4th December, 2023 By

Those whose tax affairs are allowed to fall into disarray must live in permanent fear that HM Revenue and Customs (HMRC) will in due course descend upon them. Such anxiety proved well justified in the case of a businessman who was on the receiving end of seven-figure back-tax assessments. Following an investigation of his finances, the man received four VAT assessments and 20 Income Tax and Capital Gains Tax assessments, together with various late payment penalties. The earliest assessments related to the tax year ending in 1993. After HMRC launched...

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

29th November, 2023 By

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 case concerned a former couple in their 60s who had been divorced for almost a decade. Assets worth about £1.8 million had been divided between them by a judge, but a clean break was not achieved in that the husband was required to pay the wife spousal maintenance of...

Another Sad Tale of a Farmer's Disinherited Children – High Court Ruling

24th November, 2023 By

The tale of a devoted son labouring for years on a family farm only to be cut out of his father's will is so often told as to be almost a cliché. However, as a High Court ruling showed, such stories are often reflected in the sad and recurring reality of agricultural inheritance disputes. When he died, a father was the beneficial owner of a 20 per cent stake in his family farm. He also held a 25 per cent share of a company that ran a market gardening business...