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LATEST NEWS

Instruction Sufficient to Allow Third Party Reliance on Arrangements

5th August, 2019 By Arman Khosravi

The purchase of properties abroad is a process that can be replete with disputes and financial losses for the unwary or unadvised. Whilst some foreign countries have presented few issues, others have had more chequered histories. Recently, investors went to court to recover their losses resulting from a failed holiday resort in Cabo Verde. The promoters of the failed scheme had instructed the UK bank they dealt with to open a 'segregated client account' to hold investors' money. The account had restrictions on making withdrawals but did not specifically identify...

Time of the Essence in Overturning Agreements Made Under Duress

2nd August, 2019 By Arman Khosravi

We have often stressed the importance of obtaining high-quality legal advice in any dispute and starting any necessary legal action as soon as possible, and a recent divorce dispute illustrates why. It involved a couple who were divorced in 2015. The financial settlement was made by way of a consent order and, as a result, the ex-wife received a cash settlement in excess of £1.7 million and financial support from her ex-husband for herself and their children. In 2018 she went back to court, claiming that the original settlement had been...

KAUR v GRIFFITH (25th July 2019 – County Court at Bromley)

1st August, 2019 By Arman Khosravi

Background Ms Griffith is an Tenant of Mrs Kaur having entered into an Assured Shorthold Tenancy on 6 December 2016. This ended on 5 June 2017 and became a Statutory Periodic Tenancy. A section 21 notice was served on Ms Griffith and an order for possession was made on 13 June 2019. Ms Griffith made an application to set aside the possession order and subsequently instructed Oliver Fisher Solicitors to act for her. A hearing for the defendant’s application to set aside the possession order took place on 25 July 2019...

LPA Error Means Court Appearance

31st July, 2019 By Arman Khosravi

It is normally essential when creating a legal document to get the procedures right, and failure to do so can cause unnecessary complications. A recent case dealt with the problem of what happens if a person creates a document that contains an error but loses mental capacity to correct the mistake before the error is noticed. In 2016, a woman had executed two lasting powers of attorney (LPAs). One was to deal with her health and welfare and the other her financial affairs. Her husband and two solicitors were appointed as...