LATEST NEWS

It is a civic duty to assist the courts in the resolution of disputes, and judges have the power to compel reluctant witnesses to give evidence. Exactly that happened in one case in which a solicitor was required to attend court to testify in respect of a disputed property transaction. The case concerned a woman's claim that she had lent a man £250,000 to enable him to purchase a house. The man insisted that the money was a gift. As that was a matter of fact to be decided by...

A property owner who demolishes an existing dwelling house and replaces it with an entirely new one is entitled to reclaim VAT on the costs of construction – but what happens if part of the original building is retained? A tribunal considered that issue in a case that clarified the law. A company had demolished all but two walls, and part of a third, of a coach house before constructing a replacement that was of greater height and had a larger footprint than the original. Its argument that the costs...

The popular press has made a great deal of a recent Court of Appeal case, reporting that there had been a significant departure from the general principle that the assets built up by a couple during their marriage are to be split more or less equally on divorce. In the family court, the judge had divided the couple's assets 'down the middle', awarding a wealthy trader's husband £2.75m of total assets of £5.45m. This led to a challenge by the wife, who had earned the large majority of the money. On...

The old adage that 'an Englishman's home is his castle' is only partially true and the impact of planning law on a property owner's rights can be far-reaching – even extending to limiting the right of occupation. This is particularly an issue in areas of the country where there are many holiday homes, as there are often planning restrictions that forbid their occupation all the year round or as principal residences. Although the owners of the homes may ignore them, they are enforceable and, as a recent Court of Appeal...