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LATEST NEWS

Motive Not Sufficient Reason to Deny Subject Access Request

2nd October, 2018 By Arman Khosravi

One of the dilemmas the courts face from time to time is how to achieve the right balance between individual privacy and the public's right to know about things. In a recent case, a patient who had made a complaint against a GP sought publication of the expert report into the matter commissioned by the General Medical Council (GMC). The report had exonerated the GP and recommended that no disciplinary action be taken. The GMC decided that the patient's request should be treated as a 'subject access request' (SAR) under the...

Failure to Control Knotweed Proves Costly for Landowner

27th September, 2018 By Arman Khosravi

Japanese knotweed is a very considerable pest – 'indisputably the UK's most aggressive, destructive and invasive plant', according to the Environment Agency –as it can cause damage to buildings, spreads easily and is difficult to eradicate. As well as its potential for physical damage, its presence can also reduce the value of a property. It is the responsibility of an owner of land which has knotweed growing on it to control it and to prevent it from spreading to adjacent land. A recent case was brought by the owners of properties...

Can a Will Be Valid if You Can't Read it?

24th September, 2018 By Arman Khosravi

One of the requirements for a will to be accepted as valid is that the person who makes it must have 'knowledge and approval' of its contents...in other words, they must understand what the will says and what it means in practice. It might seem, therefore, that a will in a language the testator could not read would be difficult to validate, but that was not the view of the High Court in a recent case. The son of a couple who had executed 'mirror wills' contested his late mother's will....

Get an Agreement – Especially Where Family Members Are Involved!

20th September, 2018 By Arman Khosravi

It is normal for money, often considerable sums, to pass between family members. However, when this is done without legal advice, it is only too common for disputes to arise as to whether or not the sums concerned were meant as gifts. Disputes between family members often become particularly fractious. Exactly that happened in one case in which a mother and son ended up at loggerheads over ownership of properties worth £800,000. The case concerned a flat and a house which were both held in the son's sole name. A...